Wark & Co. v. Twelfth & Sansom Corp.

Opinion by

Mr. Justice Jones,

This litigation involves a dispute over the performance of a building contract and derives directly from a common law arbitration award in favor of the plaintiff contractor. The defendant answered and, by way of new matter, averred that the award was a nullity because the arbitrators, allegedly, had not properly discharged their function. The plaintiff’s reply to the new matter denied that there had been any improper activity on the part of the arbitrators. Thereafter, the plaintiff moved for judgment on the pleadings. The court below refused the motion and this…