Smith-Schultz-Hodo Realty Co. v. Henley-Spurgeon Realty Co.

•The counts claiming upon an award of arbitrators (Nos. 5 and 7) aver the existence of a controversy between plaintiff and defendant as to whether or not defendant was due plaintiff anything on account of a commission received by defendant in the sale of some property in Birmingham. There is nothing in them which could reflect upon the bona fides of such controversy, though appellee thus argues. The counts allege a submission to certain named arbitrators.

A submission to arbitration of a controversy, when followed by an award, has a distinct legal import and contains the essential features of…