Legal Opinion

Marsh v. Packer

Supreme Court of Vermont

Decided February 15, 1848PublishedCited by 6 opinions

Book Account. Judgment to account was rendered, and an auditor was appointed, who reported, in substance, as follows. The plaintiff, among other items of his account, presented a claim for a quantity of wool sold to the defendant, and the auditor found, that the wool was sold to the defendant in February, 1844, at the price’charged in the plaintiff’s account.

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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported, in substance, as follows. The plaintiff, among other items of his account, presented a claim for a quantity of wool sold to the defendant, and the auditor found, that the wool was sold to the defendant in February, 1844, at the price’charged in the plaintiff’s account. August 20,1846, and after the commencement of this suit, the parties, by submission in writing duly signed, referred to arbitrators the decision of the question, whether the wool was sold by the plaintiff to the defendant, and at what…

1Opinion of the Court

The opinion of the court was delivered by

Hall, J. It is admitted by the counsel on both sides, that the authority of the arbitrators might be revoked at any time, before it was executed, but not afterwards; and the only question is, whether, under the submission in this case, a parol award can be valid.

It is said by Judge Swift, in his Digest, 469, that, when a submission is in writing, the award must be in writing; but he cites no authorities. It is stated in Kyd on Awards, 74, to have been decided in a case reported in Dyer, 228, that a condition in an arbitration bond, “that the award…

2Cited by6 opinions

  1. Mathews v. MillerWest Virginia Supreme Court · 1885
  2. Alford v. TiblierLouisiana Court of Appeal · 1881
  3. Chicago M. & St. P. Ry. Co. v. StewartU.S. Circuit Court for the District of Minnesota · 1883
  4. Mason v. BullockAlabama Court of Appeals · 1912
  5. Ernst v. McDowellCuyahoga County Common Pleas Court · 1911

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