Georgia Power Co. v. Friar

(After stating the foregoing facts.)

The agreement between the parties to submit the issues to arbitration recites that whereas a suit is pending in the superior *680court of Stephens county, “in order to settle and adjust the differences growing out of and contained in” this suit it is agreed to submit the matters referred to therein to “ arbitrators.” The parties, without doubt, undertook to submit to arbitration matters in controversy in a pending suit. Sections 5030 and 5048 of the Civil Code of 1910 make provision for submitting to arbitration matters arising out of suits pending, and it is…