Henness v. Meyer
Supreme Court of Pennsylvania
An action was brought in this Court to July term, 1838, by John Henness, against John H. Meyer, and a rule of reference entered, on the 5th of September, 1838, under the 8th section of the act of the 16th of June, 1836, “ relating to reference and arbitration.” The arbitrators made an award in the following words : “We do award in favour of the plaintiff #2500; or that the defendant carry out and strictly fulfil his part of the contract.”
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An action was brought in this Court to July term, 1838, by John Henness, against John H. Meyer, and a rule of reference entered, on the 5th of September, 1838, under the 8th section of the act of the 16th of June, 1836, “ relating to reference and arbitration.” The arbitrators made an award in the following words : “We do award in favour of the plaintiff #2500; or that the defendant carry out and strictly fulfil his part of the contract.” The defendant filed the following exceptions to this award : “ First. Because the award is in the alternative, uncertain and unexplained. Second. Because…
1Opinion of the Court
Per Curiam. —
There is nothing in the exception to the time of the ■ reference. In consolidating the existing laws by the act of 1836, the provision which prohibited a compulsory reference before the return day of the writ, was purposely left out. Nor is it at all certain, that a return day out of term, would not have satisfied the requirements of the exploded section. But the award is vicious on another ground. It is a cardinal requisite of every award, and peculiarly essential to an award of arbitrators, who perform the functions of a jury, that it be not only certain but final; and no…
2Cases cited1 opinion
- Bagley v. WallaceSupreme Court of Pennsylvania · 1827
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- Real Estate Title Insurance & Trust Co. v. McNicholSupreme Court of Pennsylvania · 1907