Thomas v. Heger
Supreme Court of Pennsylvania
Appeal, No. 168, July T., 1895, by plaintiff, from order of C. P. Montgomery Co., March T., 1894, No. 4, overruling exceptions to award of arbitrators and entering judgment for defendant. Assumpsit on a contract in writing-. Exceptions to award of arbitrators.
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Appeal, No. 168, July T., 1895, by plaintiff, from order of C. P. Montgomery Co., March T., 1894, No. 4, overruling exceptions to award of arbitrators and entering judgment for defendant. Assumpsit on a contract in writing-. Exceptions to award of arbitrators. Plaintiff and defendant were contractors and builders, and having mutual accounts covering a period of six or seven years, agreed in writing to appoint two arbitrators to whom their respective accounts were to be referred, both agreeing to abide by the settlement to be made by the arbitrators. The award was in favor of Heger. Thomas…
1Opinion of the Court
Pee Cueiam,
As a bar to this action, the award of arbitrators, under the common law submission, was interposed by the defendant. Trial by jury having been waived and the case submitted, it was subsequently agreed that the court should first determine whether the award was binding and conclusive, and if they found it was not, then the accounts of the parties, together' with the evidence relating thereto, should be submitted. The court found that the arbitrators made their award October 20, 1893, finding balance in favor of the defendant, and that no attempt was made by the plaintiff to set…
2Cited by4 opinions
- Rosenbaum v. DruckerSupreme Court of Pennsylvania · 1943
- Isaac v. Donegal & Conoy Mutual Fire Ins.Supreme Court of Pennsylvania · 1930
- Wilson Township v. Easton Transit Co.Supreme Court of Pennsylvania · 1917
- Project Builders, Inc. v. Zeiders, Pennsylvania Court of Common Pleas, Dauphin County1969