Yelton v. . McKinney

The primary question in dispute between the parties was whether the note was intended to be included in the deliberation of the arbitrators and thereafter merged in the written award. There was no written submission, but the award recites that the matters in controversy were “concerning the Elmore Hosiery Mill of Lawndale, N. C.,” nor does the award undertake in express terms to declare the relationship of the parties to the note in controversy or undertake to establish any liability by virtue thereof. This Court has heretofore declared that “the award, both in substance and in form, must…