Sasseen, Whitaker & Co. v. Weakley & Warren
Supreme Court of Georgia
Issue upon an award. Tried before Judge Wabneb. ,In Fulton Superior Court. April Term, 1866. The parties to this case, on the 19th of October, 1865, entered into a submission, the terms of which were substantially as follows: “ There exists between these parties a certain matter of controversy, in reference to thirty cots (with mattresses and pillows) which Weakly & Warren allege were shipped to Sasseen, Whitaker & Co., in compliance with their order, at the agreed price of…
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Issue upon an award. Tried before Judge Wabneb. ,In Fulton Superior Court. April Term, 1866. The parties to this case, on the 19th of October, 1865, entered into a submission, the terms of which were substantially as follows: “ There exists between these parties a certain matter of controversy, in reference to thirty cots (with mattresses and pillows) which Weakly & Warren allege were shipped to Sasseen, Whitaker & Co., in compliance with their order, at the agreed price of $14 each, and for which the latter refused to pay, because, as they say, they are not of the kind and quality ordered in…
1Opinion of the CourtWalkeb, J.
Should the Court have granted a new trial in this case 2 The parties had selected the persons to whose decison they agreed to submit, and such decisions are favored by the Courts. “Awards are treated with great liberality. The parties make the arbitrators judges, and their judgment has much of the solemnity which attaches to the judgment of a Court of justice.” Crabtree vs. Green, 8 Ga. R., 19, 20. “A palpable mistake of law,” Code, seo. 2833; or an award, “ the result of accident or mistake, or the fraud of some one or all of the arbitrators or parties, or is otherwise illegal,” will be…
2Cited by2 opinions
- Benton & Brother v. SingletonSupreme Court of Georgia · 1902
- Hardin v. AlmandSupreme Court of Georgia · 1880