Memphis Trust Co. v. Brown-Ketchum Iron Works
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Tennessee. On September 17, 1904, the appellant Memphis Trust Company (whose name was later changed to the Bank of Commerce & Trust Company) entered into a contract, as owner, with the appellee, Brown-Ketehum Iron Works, for the furnishing and installing complete, on or before July 1, 1905, for the sum of $16,900, of certain ornamental ironwork in a bank and office building to be erected in…
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Appeal from the Circuit Court of the United States for the Western District of Tennessee. On September 17, 1904, the appellant Memphis Trust Company (whose name was later changed to the Bank of Commerce & Trust Company) entered into a contract, as owner, with the appellee, Brown-Ketehum Iron Works, for the furnishing and installing complete, on or before July 1, 1905, for the sum of $16,900, of certain ornamental ironwork in a bank and office building to be erected in Memphis, Tenn., according to drawings and specifications prepared by D. H. Burnham & Co., architects. The contract provided…
1Opinion of the CourtKnappen, District Judge
(after stating the facts as above). It is appellee’s contention here that the agreement to submit to arbitration, not having been made by virtue of a statute or rule of court, was revocable by either party at will and without cause, before arbitration actually had thereunder. It is also contended (independently of the foregoing proposition) that Graham, by reason of his interest in the subject-matter and his consequent alleged bias, was disqualified to act as arbitrator, and that this disqualification justified a revocation of the submission.
It is the rule that a naked executory agreement…
2Cases cited18 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- United States v. GleasonSupreme Court of the United States · 1900
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Sweeney v. United StatesSupreme Court of the United States · 1884
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3Cited by18 opinions
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- Sverdrup Corporation v. Whc Constructors, Incorporated, and Century Iii, IncorporatedCourt of Appeals for the Fourth Circuit · 1993
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Martin v. VansantWashington Supreme Court · 1917
- Stark Electric R. v. McGinty Contracting Co.Court of Appeals for the Sixth Circuit · 1917
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