Mann v. Richardson
Illinois Supreme Court
Writ of Error to the Circuit Court of Sangamon county; the Hon. John A. McClern and, Judge, presiding. This was an action of debt, upon an award, brought by George B. Richardson against Uriah Mann and Daniel Bailey.
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Writ of Error to the Circuit Court of Sangamon county; the Hon. John A. McClern and, Judge, presiding. This was an action of debt, upon an award, brought by George B. Richardson against Uriah Mann and Daniel Bailey. The defendants, as commissioners of highways, had taken steps to lay out a public road over the land of the plaintiff, and being unable to agree with him as to the damages he was entitled to receive from the town, they and the plaintiff entered into the following submission of the matter to arbitration : “We, the undersigned, hereby mutually agree to submit our matters in…
1Opinion of the CourtJustice Scott
It is sought to hold plaintiffs in error personally liable to perform the award upon which the action is brought, mainly on the ground that the parties to the submission, by deed inter partes, contracted as principals, and are thereby estopped to deny that they contracted in that capacity. As tending to strengthen this view it is insisted they had no authority to submit the controversy to arbitration except for their own' purposes and on their own responsibility, and the law presumes that they only intended to do what they lawfully might. The position assumed involves a question of fact and…
2Cases cited1 opinion
- Duncan, Sherman & Co. v. NilesIllinois Supreme Court · 1863
3Cited by11 opinions
- Sperry v. FanningIllinois Supreme Court · 1875
- Hutchens v. WadeAppellate Court of Illinois · 1973
- Newberry v. SlafterMichigan Supreme Court · 1894
- Miers v. CoatesAppellate Court of Illinois · 1895
- Greenlee v. BeaverAppellate Court of Illinois · 1948
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