Rank v. Hill
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Union county. Sidney Hill against Adam Rank. This was an action of debt. The plaintiff in her declaration set out a parol submission, and the following award as the foundation of her action: Whereas, certain unsettled accounts existing between Sidney Hill and Adam Rank, have by their amicable agreement been referred to the award and determination of Jacob Slenker, Jr., and.
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ERROR to the Common Pleas of Union county. Sidney Hill against Adam Rank. This was an action of debt. The plaintiff in her declaration set out a parol submission, and the following award as the foundation of her action: Whereas, certain unsettled accounts existing between Sidney Hill and Adam Rank, have by their amicable agreement been referred to the award and determination of Jacob Slenker, Jr., and. James Miller, indifferently chosen and agreed upon by the said Sidney Hill and Adam Rank, to calculate, settle and adjust the same. We, the said Jacob Slenker and James Miller, after having…
1Opinion of the Court
Pee Curiam.
An award at common law seems to be ..considered rather as a judgment than as an agreement of the parties made through the authorized agency of others. Yet one would suppose the submission to be an engagement to abide by what the arbitrator should direct, and a promise to perform it. The remedy, however, in a case like this, is not on the submission but on the award. Still an award so far differs from a judgment that it transfers no property and binds no right, as was held in Hunter v. Rice, (15 East 100), though it has been held in Morris v. Rosser, (3 East 11), that the…
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