In re the Arbitration between Brescia Construction Co. & Walart Construction Co.

We are here concerned with the right of arbitrators appointed pursuant to a written agreement between two parties to arbitrate to make a binding and valid award against the surety of one of such parties, when the surety was not a party to the agreement to arbitrate. Such party, however, had participated in the arbitration proceedings.

On December 12, 1922, the petitioner Brescia Construction Co., Inc., entered into a written contract with the Walart Construction Co., Inc., to do excavation work and foundation walls. A dispute arose between them, and the Brescia Construction Co., Inc.,…