Owens v. Withee
Texas Supreme Court
— Appeal from Titus County. ■Case stated in the opinion of the court. It is only by a strict compliance with the provisions of the ■statute authorizing the settlement of disputes by arbitration, that parties can avail themselves of its benefits. Hone of the requirements of the statute have been complied with in this case. 1st. The agreement to arbitrate is defective in not stating the matter in dispute or controversy, or the cause of action. 2d.
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— Appeal from Titus County. ■Case stated in the opinion of the court. It is only by a strict compliance with the provisions of the ■statute authorizing the settlement of disputes by arbitration, that parties can avail themselves of its benefits. Hone of the requirements of the statute have been complied with in this case. 1st. The agreement to arbitrate is defective in not stating the matter in dispute or controversy, or the cause of action. 2d. It does not state who is plaintiff and who is defendant, nor is it signed by the parties as such. 3d. It provides for six instead of two arbitrators.…
1Opinion of the CourtJustice Lipscomb
It appears that there were two suits pending in the district ■court between the parties; one for slanderous words in which *162the appellant was plaintiff, and one to recover damages for » trespass in which the appellee was plaintiff. For the purpose of an amicable adjustment of these difficulties, they entered into the following agreement, to wit:
“ Tiie State of Texas, County of Titus.
“An agreement made and entered, into .between "William Owens and John W. "Withee, both of the state and county-aforesaid, witness: That whereas, there are now pending, and have been for some time past, difficulties…
2Cited by7 opinions
- Payton v. Hurst Eye, Ear, Nose & Throat Hospital & ClinicCourt of Appeals of Texas · 1958
- Standard Fire Insurance Co. v. FraimanCourt of Appeals of Texas · 1979
- Wilke v. City of BallingerCourt of Appeals of Texas · 1930
- Alexander v. WitherspoonTexas Supreme Court · 1867
- Alexander v. MulhallTexas Commission of Appeals · 1881
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