Schwartz v. Leibel

This is an appeal from a judgment entered in confirmation of an arbitrator’s award of $13,226.03 (aside from costs) against appellant and in favor of respondent.

The sole basis for this appeal is that the arbitrator had no jurisdiction to make the award because respondent, who initiated the arbitration proceedings, had, prior to doing so, waived his contractual rights to such arbitration by first bring ing a still-pending suit upon the two contracts involved between the parties for injunctive relief and had thereby made an irrevocable election of remedies.

The appeal is without merit. It is…