Thomas v. Trustees of the Lunalilo Estate
Hawaii Supreme Court
. Appeal prom Judgment entered upon an award op Arbitrators. An award made bona fide and in accordance with the terms of the submission, held to be conclusive on the parties. A clause in the submission allowing an appeal, the appellate court to fix costs of the appeal, does not take the case out of the Statute.
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. Appeal prom Judgment entered upon an award op Arbitrators. An award made bona fide and in accordance with the terms of the submission, held to be conclusive on the parties. A clause in the submission allowing an appeal, the appellate court to fix costs of the appeal, does not take the case out of the Statute. Sections of the Code, referred to in the decision, are as follows : §933. If there is no provision in the submission concerning the costs of the proceedings, the arbitrators may make such award respecting the costs as they shall judge reasonable. * * * * §936. Any party deeming himself…
1Opinion of the Court
Opinion op the Court, by
Austin, J.
This is an appeal from an award entered up as a judgment of the court in favor of the plaintiff.
The appellants claim that the item of $2,500 for extra work in cutting stone was not submitted to the arbitrators by the agreement to arbitrate, and that the contract which was attached to that agreement showed that the extra work must be specified in writing or it could not be charged for, and that a mistake of fact was also made in not charging plaintiff $5 a day for time beyond the contract time for completing the contract; and that in allowing the $3,500 item,…
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- Gregg Kendall & Associates, Inc. v. KauhiHawaii Supreme Court · 1971
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