Buel v. Dewey

Bockes, Justice.

Motion by defendant to strike case from circuit calendar on the ground that it had been submitted to arbitrators.

The action is slander, and being at issue ready for trial, the parties entered into an agreement, in writing, to arbitrate, whereby they selected two persons by whose decision they agreed to abide, with the right to select a third person in case of their inability to agree. Then follows this clause : “ But in case said two arbitrators cannot agree in *343the selection of said third person, if they cannot agree in their decision of the action and slander; or in case the…