Pond v. Harris
Massachusetts Supreme Judicial Court
Contract to recover damages for the revocation, by the defendant, of an agreement to submit the controversies between the parties to arbitration. The agreement, which was under the hands and seals of the parties, was “ to refer all our said differences as to any transaction or otherwise, whether between ourselves individually, or between either of us and any firm to which the other may have belonged,” to three persons named.
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Contract to recover damages for the revocation, by the defendant, of an agreement to submit the controversies between the parties to arbitration. The agreement, which was under the hands and seals of the parties, was “ to refer all our said differences as to any transaction or otherwise, whether between ourselves individually, or between either of us and any firm to which the other may have belonged,” to three persons named. Each party was to furnish the arbitrators with a written list of his “ grievances or charges ” against the other; neither party was to avail himself of the statute of…
1Opinion of the Court
Devens, J.*
The law is now settled that the mutual promises of the parties in an agreement for arbitration are sufficient consideration each for the other, and that whichever party, without right therefor, revokes the'authority of or prevents the arbitrators from acting, is liable to an action, even if he is not bound under a penalty. Charnley v. Winstanley, 5 East, 266. Marsh v. Bulteel, 5 B. & Ald. 507. Warburton v. Storr, 4 B. & C. 103. Skee v. Coxon, 10 B. & C. 483. Rowley v. Young, 3 Day, 118. Hawley v. Hodge, 7 Vt. 237.
If an action may be maintained for revocation of an agreement of…
2Cases cited3 opinions
- Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
- Hawley v. HodgeSupreme Court of Vermont · 1835
- Rowley v. YoungU.S. Circuit Court for the District of Connecticut · 1808
3Cited by19 opinions
- Sullivan v. O'CONNORMassachusetts Supreme Judicial Court · 1973
- Malloy v. CarrollMassachusetts Supreme Judicial Court · 1934
- Sears v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1913
- Wheeler v. HansonMassachusetts Supreme Judicial Court · 1894
- Holt v. United Security Life Insurance & Trust Co.Supreme Court of New Jersey · 1909
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