Sutton v. Tyrrell
Supreme Court of Vermont
This was an action of assumpsit,.upon the following written submission. “Whereas divers difficulties have arisen between “ Wm.
Read the full summary
This was an action of assumpsit,.upon the following written submission. “Whereas divers difficulties have arisen between “ Wm. M. & H. Sutton and John Tyrrell, to end all which, “.and all manner of differences between, them, we hereby agree “to submit the same to the arbitrament, and determination “ of John Vansicklen, jr. and Charles Russell, the report of “ whom, to be made as soon as may be, to be final and con- “ elusive between the parties, and all suits now pending are “ to be discontinued, and all executions suspended ; and if “ either party neglects to appear and have the trial, at…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The first question is, did the entry and continuance of the action, in the County Court, amount to a revocation of this submission? Revocations are express, or in fact; or implied, or in law. In relation to the first, they are made by the party, and are to be in the same form or manner in which the submission is made. If the submission be by deed, then the revocation must'be under seal; if by writing, then so must be the revocation ; and if, simply, by parol, then it may be so revoked. Implied revocations, or revocations in law, arise from…
2Cited by10 opinions
- Backus-Brooks Co. v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1927
- Parsons v. AmbosSupreme Court of Georgia · 1904
- Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1910
- Otoe County Nat. Bank v. DelanyCourt of Appeals for the Eighth Circuit · 1937
- Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1900
5 more not listed; retrieve them via the Exa API.