Tyson v. Wells
California Supreme Court
Appeal from the Superior Court of San Francisco. Tyson sued Wells & Skinner,' declaring, first, generally, for goods sold and delivered.
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Appeal from the Superior Court of San Francisco. Tyson sued Wells & Skinner,' declaring, first, generally, for goods sold and delivered. Second, stating specially, that on the 18th of June, 1850, the defendants contracted for and bought of the plaintiff, a certain quantity of bricks and lime, if the same were in good order, which the defendants would decide at sight; that on the next day, the defendants inspected the bricks and lime, and expressed their satisfaction therewith, and thereupon concluded their said contract for the purchase of the same, to wit, 51072 bricks, at $36 per thousand,…
1Opinion of the CourtJustice Heydeneeldt
The parties agreed in writing to submit the matter in dispute between them to certain arbitrators, and this agreement was filed among the papers of the case in the Court below. In addition, an order of court was granted, by the consent of the parties, referring the suit to the same persons selected by their agreement. Now,whether we view the case as an arbitration at common law, or a reference under the statute, in either case the decision must be the same ; because we hold that the statute is in aid of the common law remedy by arbitration, and in no respect alters its principles.
In the case…
2Cited by14 opinions
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- Pratt v. ConnorCalifornia Supreme Court · 1900
- Gibson v. GibsonNebraska Supreme Court · 1888
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