Tynan v. Tate
Nebraska Supreme Court
Error to the district court of Nemaha county. The opinion states the case. The court erred in refusing to allow the plaintiff to prove a parol submission to arbitrators, and an award thereunder. The General Statutes of Nebraska have not changed the law in relation to submitting matters in controversy to arbitration, except in cases where the parties enter into a submission in pursuance of the provisions they contain.
Read the full summary
Error to the district court of Nemaha county. The opinion states the case. The court erred in refusing to allow the plaintiff to prove a parol submission to arbitrators, and an award thereunder. The General Statutes of Nebraska have not changed the law in relation to submitting matters in controversy to arbitration, except in cases where the parties enter into a submission in pursuance of the provisions they contain. They do not declare all other submissions void, nor do they affect a parol submission; such submission is as valid as it ever was. Statutes like the one in Nebraska, prescribing…
1Opinion of the CourtMaxwell, J.
The petition states that in the spring of 1871, defendant employed plaintiff to break one hundred and twenty-six and one-half acres of land at $2.90 per acre; that plaintiff completed the breaking by the 20th day of June, 1871; that a dispute arose between the parties as to the number of acres broken up, and the matter was submitted by agreement of the parties to T. Duncan, E. Phillips, and Doctor Collins, each party agreeing to abide the award; that the arbitrators so appointed made their award; that plaintiff had broken one hundred and twenty-one and one-half acres of land, the pay for…
2Cited by6 opinions
- In re the Arbitration between Kreiss & HotalingCalifornia Supreme Court · 1892
- Connecticut Fire Insurance v. O'FallonNebraska Supreme Court · 1896
- Greer v. CanfieldNebraska Supreme Court · 1893
- Kankakee & Southwestern Railroad v. AlfredAppellate Court of Illinois · 1878
- Hughes v. Sarpy CountyNebraska Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.