Jessup & Moore Paper Co. v. A. S. Reed & Brother Co.
Court of Chancery of Delaware
Bill to Set Aside an Award because of partiality and misconduct of a referee. The bill was filed to set aside an award because of the partiality and misconduct of one of the referees.
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Bill to Set Aside an Award because of partiality and misconduct of a referee. The bill was filed to set aside an award because of the partiality and misconduct of one of the referees. It appears that the defendant had contracted to erect a building for the complainant within a certain time and failed to do so, and the complainant refused to pay the amount due for the work done, claiming that the delay in completing the bttilding was the fault of the defendant and that the complainant had suffered damages for the delay to an amount in excess of the balance admitted to be due the defendant, as…
1Opinion of the Court
The Chancellor.
The facts as above stated are not disputed. Two of the arbitrators, those who agreed on the award, state that there was ample evidence to show that the defendant was not responsible for the delay in completing the building, and that the testimony showed them that the complainant wasmot entitled to any damages. Two points were before the referees: (1) which party was responsible for the delay, and (2) if the defendant, then what, if any, damages did the complainant sustain? It is clear that to have made an award for the contractor the two referees must have found, either that…
2Cases cited10 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- Moshier v. ShearIllinois Supreme Court · 1881
- Bangor Savings Bank v. Niagara Fire InsuranceSupreme Judicial Court of Maine · 1892
- Beeson v. ElliottCourt of Chancery of Delaware · 1831
- Hartupee v. City of PittsburghSupreme Court of Pennsylvania · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Carolina-Virginia Fashion Exhibitors, Inc. v. GunterSupreme Court of North Carolina · 1976
- Kuhn Construction Company v. StateSuperior Court of Delaware · 1968
- Claims of Whitehair v. Kansas Flour Mills Corp.Supreme Court of Kansas · 1929