Rixford v. Nye
Supreme Court of Vermont
Assumpsit upon an award of arbitrators. Plea, the general issue, and trial by the court, September Term, 1846, — Royen, J. presiding.
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Assumpsit upon an award of arbitrators. Plea, the general issue, and trial by the court, September Term, 1846, — Royen, J. presiding. On trial the plaintiffs offered in evidence the written submission of the parties, dated May 26, 1845, reciting that it was made relative to a suit at law pending between the parties, and by which the parties agreed to submit “the said case” to the decision of three arbitrators, named, whose award, or that of the majority of them, should be made in the month of April, then next, and should be final, — the costs already incurred to follow, as in suits at law.…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
This was an action of assumpsit upon an award of arbitrators. At the trial below the defendants objected to the admission of the submission and award, upon the ground of variance from the declaration, and for various 'other causes, apparent upon the submission and award; which objections were overruled.
It is now urged, that the submission is void for uncertainty, in not specifying with more precision the matters submitted to the ar*137bitrators. The first paragraph of the submission recites, that a suit at law was pending between the parties to…
2Cases cited1 opinion
- McLendon v. King, McRea & Co.Court of Appeals of Texas · 1884
3Cited by13 opinions
- R. E. Bean Construction Co. v. Middlebury Associates & Middlebury Developers, Inc.Supreme Court of Vermont · 1980
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- Putterman v. SchmidtWisconsin Supreme Court · 1932
- Fluharty v. BeattyWest Virginia Supreme Court · 1883
- Young v. KinneySupreme Court of Vermont · 1875
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