Miles v. Schmidt
Massachusetts Supreme Judicial Court
Bill in equity, to enforce the specific performance of a written contract. The defendant demurred to the bill, assigning as ground therefor the following arbitration clause contained in the contract: “ It is further mutually agreed that in case of any alleged violation of the promises and agreements herein made by said Schmidt or by said firm, if such alleged violation is continued after thirty days’ notice in writing from the other to the party charged as guilty of such…
Read the full summary
Bill in equity, to enforce the specific performance of a written contract. The defendant demurred to the bill, assigning as ground therefor the following arbitration clause contained in the contract: “ It is further mutually agreed that in case of any alleged violation of the promises and agreements herein made by said Schmidt or by said firm, if such alleged violation is continued after thirty days’ notice in writing from the other to the party charged as guilty of such violation, requiring such party to cease such violation, then the party so guilty shall be liable to the other for all…
1Opinion of the CourtMorton, J.
Perhaps, if the question were a new one, no objection would be found to permitting parties to select their own tribunals for the settlement of civil controversies, even though the result might be to oust the courts of jurisdiction in such cases. But the law is settled otherwise in this State. Rowe v. Williams, 97 Mass. 163. Wood v. Humphrey, 114 Mass. 185. Pearl v. Harris, 121 Mass. 390. Vass v. Wales, 129 Mass. 38. White v. Middlesex Railroad, 135 Mass. 216. When the question is a preliminary one, or in aid of an action at law or suit in equity, such, for instance, as the ascertainment of…
2Cases cited7 opinions
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Hutchinson v. Liverpool & London & Globe InsuranceMassachusetts Supreme Judicial Court · 1891
- Wood v. HumphreyMassachusetts Supreme Judicial Court · 1873
- Rowe v. WilliamsMassachusetts Supreme Judicial Court · 1867
- White v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- Brodbine v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1903
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Mittenthal v. MascagniMassachusetts Supreme Judicial Court · 1903
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
18 more not listed; retrieve them via the Exa API.