Legal Opinion

Wallis v. Carpenter

Massachusetts Supreme Judicial Court

Decided October 15, 1866PublishedCited by 2 opinions

Contract brought against Reuben Carpenter and Simon Carpenter. The first count in the declaration alleged that Reuben Carpenter and the plaintiff, by their agreement in writing, a copy of which was annexed, submitted certain matters to arbitration, and the arbitrators made an award, a copy whereof was annexed, and the said Reuben had refused to perform the same.

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Contract brought against Reuben Carpenter and Simon Carpenter. The first count in the declaration alleged that Reuben Carpenter and the plaintiff, by their agreement in writing, a copy of which was annexed, submitted certain matters to arbitration, and the arbitrators made an award, a copy whereof was annexed, and the said Reuben had refused to perform the same. The second count set forth the same submission to arbitration, and award, and refusal to perform, and also alleged that Simon Carpenter, by an agreement in writing, a copy of which was annexed, guaranteed the performance of said award…

1Opinion of the Court

Chapman, J.*

The plaintiff declares on two contracts. That which Reuben Carpenter signed is a sealed contract, and that which Simon Carpenter signed is not under seal. Moreover, the terms of the two contracts differ. Reuben Carpenter’s contract binds him and the plaintiff mutually to submit the controversy therein mentioned to the award of certain arbitrators, and contains several stipulations in regard to the hearing. Simon Carpenter’s contract omits these stipulations, and is a mere guaranty of performance of the award. It would be a strained *24construction of Gen. Sts. c. 129, § 4, to hold…

2Cases cited3 opinions

  1. Allen v. WatsonNew York Supreme Court · 1819
  2. Frets v. FretsNew York Supreme Court · 1823
  3. Van Antwerp v. StewartNew York Supreme Court · 1811

3Cited by2 opinions

  1. Foley Co. v. Grindsted Products, Inc.Supreme Court of Kansas · 1983
  2. Ernst v. McDowellCuyahoga Circuit Court · 1911

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