Blakely v. Graham
Massachusetts Supreme Judicial Court
Contract on an award. The declaration alleged that the parties “ by their agreement in writing ” referred the matters therein named to an arbitrator and that the arbitrator made an award in favor of the plaintiff.
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Contract on an award. The declaration alleged that the parties “ by their agreement in writing ” referred the matters therein named to an arbitrator and that the arbitrator made an award in favor of the plaintiff. At the trial in the Superior Court, before Putnam, J., the defendant put in evidence the submission mentioned in the declaration as follows: “ Whereas differences have arisen between Charles Blakely and Richard Graham in relation to the manufacture of bricks carried on by them, they hereby agree to submit the whole matter to Charles Merritt, whose award shall be final in the matter.…
1Opinion of the CourtChapman, C. J.
The question whether Mr. Stickney and Mr. Newhall, as the attorneys of the parties, had authority to sign the agreement of submission is immaterial; for both the parties came before the arbitrator accompanied by these gentlemen as their respective attorneys, and both testified on oath as witnesses, at the hearing. This is sufficient evidence that the submission was ratified by them.
The written agreement recites that differences had arisen between the parties in relation to the manufacture of bricks, carried on by them, and they agree to submit “ the whole matter ” to Charles Merritt. They…
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