Ferson v. Drew
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Ferson and. Drew, having been copartners in the lumbering business, entered into a contract to settle the business of the copartnership in a certain manner, and in case they could not. agree upon any matters connected with such settlement, to submit them to the arbitration of one Hancock. Smith guarantied in writing the performance of said contract on the part of Ferson.
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APPEAL from the Circuit Court for Winnebago County. Ferson and. Drew, having been copartners in the lumbering business, entered into a contract to settle the business of the copartnership in a certain manner, and in case they could not. agree upon any matters connected with such settlement, to submit them to the arbitration of one Hancock. Smith guarantied in writing the performance of said contract on the part of Ferson. This action was brought by Ferson and Smith, to vacate the award made by said arbitrator, and to restrain the further prosecution of an action previously commenced by Dreh…
1Opinion of the Court
By the Court,
Oole, J.
This action was brought to vacate and set aside an award, upon the ground that gross mistakes bad been committed by the arbitrator in making certain computations and in footing up the items of an account submitted to him. It is alleged in the complaint that an action has been commenced to recover the amount of the award; and a part of the relief asked is that such action be enjoined. An answer was filed, which was demurred to on several grounds. The court overruled the demurrer, and ordered that judgment be given for the defendant unless the plaintiffs, within twenty…
2Cases cited2 opinions
- Cranston v. Executors of KennyNew York Supreme Court · 1812
- Roosevelt v. ThurmanNew York Court of Chancery · 1814
3Cited by6 opinions
- Canfield v. Watertown Fire InsuranceWisconsin Supreme Court · 1882
- State ex rel. Cuppel v. Milwaukee Chamber of CommerceWisconsin Supreme Court · 1879
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Brown v. CohnWisconsin Supreme Court · 1894
- Stephens v. WheelerWisconsin Supreme Court · 1927
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