McGheehen v. Duffield
Supreme Court of Pennsylvania
In error from the Common Pleas of Franklin. June 11. The defendant in error sealed an agreement with the defendants below, whereby all matters at variance between the parties in an amicable action of account render, were referred to J. Brady, Esq., “whose decision shall be final without the right of appeal by either party, and whatever sum is reported due shall be entered as a judgment of the court by the prothonotaries, against the party from whom it is found due.”
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In error from the Common Pleas of Franklin. June 11. The defendant in error sealed an agreement with the defendants below, whereby all matters at variance between the parties in an amicable action of account render, were referred to J. Brady, Esq., “whose decision shall be final without the right of appeal by either party, and whatever sum is reported due shall be entered as a judgment of the court by the prothonotaries, against the party from whom it is found due.” In the submission it was also agreed the books of the firm should be placed in the hands of /Armstrong, who should proceed to…
1Opinion of the CourtCoulter, J.
The decree of the court below is affirmed. There can be no doubt or question about the right of a party to a submission to revoke it before it is consummated. It has been assimilated by the courts to the case of any other power which is naked and without consideration; whether upon sufficient grounds of policy or similarity, it is not for me to question. The court take the law as they find it. But in the case at bar, it was not a naked power or submission. It assuméd the form of a contract upon sufficient consideration, and was .therefore beyond the dominion of either party, after its…
2Cases cited2 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Monongahela Navigation Co. v. FenlonSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Isaac v. Donegal & Conoy Mutual Fire Ins.Supreme Court of Pennsylvania · 1930
- Zehner v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1898
- Delaware & Hudson R. Corporation v. WilliamsCourt of Appeals for the Seventh Circuit · 1942
- Commonwealth v. Eastern Paving Co., Pennsylvania Court of Common Pleas, Dauphin County1926