Perkins v. Giles

By the Court—Johnson, J.

The action was brought to recover damages occasioned by the neglect and refusal of the defendants to perform ail award in favor of the plaintiff, upon a submission to arbitration between the parties.

The complaint sets out the award in substance, and alleges that the defendants had neglected and refused to perform *438according to the terms and conditions thereof in certain particulars, to his injury and damage, etc. The complaint contains no averment that the plaintiff had performed the award on his part, or that he had offered or was willing so to perform. The question on…