Culver v. Ashley
Massachusetts Supreme Judicial Court
This was an action of debt. The declaration contained a special count on an award, and the general money counts. Upon the report of an auditor it appeared, that the defendant leased a farm to the plaintiff for one year from the 25th of April, 1833, and that the plaintiff occupied the premises from that day until the 8th of March, 1834 ; that in January, 1834, the defendant commenced an action against the plaintiff, on notes and accounts and on the covenants in the lease ;…
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This was an action of debt. The declaration contained a special count on an award, and the general money counts. Upon the report of an auditor it appeared, that the defendant leased a farm to the plaintiff for one year from the 25th of April, 1833, and that the plaintiff occupied the premises from that day until the 8th of March, 1834 ; that in January, 1834, the defendant commenced an action against the plaintiff, on notes and accounts and on the covenants in the lease ; that that action, together with all demands between the parties, were submitted by deed to arbitrators ; that by the…
1Opinion of the Court
Morton J.
When this case was before the Court at a former term, the award was determined to be invalid, because the arbitrators had exceeded their authority. 17 Pick. 98. That was the only question then submitted to our decision. But the case has again been tried, and the plaintiff’s claim placed on different grounds. It is now contended, that although the arbitrators exceeded their authority and the award in itself had no binding force, yet that the parties, by their subsequent conduct, adopted and ratified it.
There can be no doubt that arbitrators mutually agreed upon are so far the agents…
2Cases cited1 opinion
- Erick v. JohnsonMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Burkland v. JohnsonNebraska Supreme Court · 1897