Huy v. Brown
New York Supreme Court
Case of arbitration and award. A submission was entered into between these parties, to abide by the decision of two arbitrators, selected to make order in reference to a controversy respecting a lot of land in the possession of the plaintiff! claimed by the defendants.
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Case of arbitration and award. A submission was entered into between these parties, to abide by the decision of two arbitrators, selected to make order in reference to a controversy respecting a lot of land in the possession of the plaintiff! claimed by the defendants. The object of the submission appears to have been to ascertain what sum of money, if any, should be paid by the defendants to the plaintiff, upon his executing to them a quit-claim deed of the premises, and giving them certain indemnities. The arbitrators made an award, directing the plaintiff to execute such quit-claim deed,…
1Opinion of the Court
*592 By the Court,
Nelson, J.
The principal ground taken on the argument in support of the demurrer was that the award of the arbitrators is not to be viewed in the light of de-pendant covenants, and that each party is entitled to an action for non-performance, without showing performance on his part.
It is true, that an award is not a covenant or an agreement between the parties, within the meaning of the rule of construction applicable to covenants. The intent of the parties has nothing to do with the examination of it, with a view to a correct understanding of its legal operation and effect. Its…
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