Frederick v. Margwarth
Supreme Court of Pennsylvania
Appeal, No. 400, Jan. T., 1907, by defendants, from judgment of O. P. Luzerne Co., May T., 1905, No. 187, on verdict for plaintiff in case of S. Y. Frederick v. William EL Margwarth and Frank J. Margwarth, trading as Margwarth Bros. Assumpsit on an award of arbitrators. Before Lynch, P. J. The opinion of the Supreme Court states the case. Yerdict and judgment for plaintiff for $4,868.75. Defendants appealed. Error assigned was in refusing binding instructions for defendants.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action was on the award of an arbitrator named in a building contract, and empowered to settle all disputes that might arise between- the parties in relation to the contract or the building to be erected, to fix the allowance to be paid for improper materials or work, or for delay in completing the building, and to “ decide any and every dispute ” that might arise. A dispute arose and the arbitrator, after hearing the parties, made an award in the plaintiff’s favor on which suit was brought. At the trial of that action it was claimed by the defendants that the…
2Cases cited4 opinions
- Kennedy v. PoorSupreme Court of Pennsylvania · 1892
- McCune v. LytleSupreme Court of Pennsylvania · 1900
- Gowen v. PiersonSupreme Court of Pennsylvania · 1895
- WM. C. Hamilton & Son v. HartSupreme Court of Pennsylvania · 1889
3Cited by14 opinions
- La Vale Plaza, Inc., a New York Corporation v. R. S. Noonan, Inc., a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1967
- Britex Waste Co. v. Nathan Schwab & Sons, Inc.Superior Court of Pennsylvania · 1939
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- United Steelworkers of America v. Interpace Corp.District Court, W.D. Pennsylvania · 1978
- Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
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