Cummington Realty Associates v. Whitten
Massachusetts Supreme Judicial Court
Arbitrament under R. L. c. 194. The report of the arbitrator was filed in the Superior Court on March 3, 1921. The agreement of arbitration was dated April 29, 1920, and, exclusive of the signatures of the parties and the acknowledgment before a justice of the peace, was as follows: “ Know all men that Henry M. Williams, Ezra H. Baker and Philip R. Hovey as they are Trustees of the Cummington Realty Associates, and Charles E. Whitten of Lynn, for himself and the interests he…
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Arbitrament under R. L. c. 194. The report of the arbitrator was filed in the Superior Court on March 3, 1921. The agreement of arbitration was dated April 29, 1920, and, exclusive of the signatures of the parties and the acknowledgment before a justice of the peace, was as follows: “ Know all men that Henry M. Williams, Ezra H. Baker and Philip R. Hovey as they are Trustees of the Cummington Realty Associates, and Charles E. Whitten of Lynn, for himself and the interests he represents as shown by the agreement hereinafter referred to, hereby agree to submit the demand and controversy stated…
1Opinion of the CourtBraley, J.
The arbitrator having stated “that his rulings of law shall not be final and that they shall all be subject to review on appeal or other proper proceedings by either party,” his rulings are presented by the report of the trial court which, having “accepted” the award, reported the case to this court at the request of the parties. Ellicott v. Coffin, 106 Mass. 365. Carter v. Carter, 109 Mass. 306, 309. Rogers v. Mayer, 151 Mass. 279, 280. R. L. c. 194, § 12; c. 173, § 105, as amended by St. 1910, c. 555, f 5, St. 1917, c. 345 (see now G. L. c. 231, § 111).
The material questions are, “ First.…
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