Cox v. Giddings
Texas Supreme Court
Appeal from Washington. Tlie. appellee sued the appellant for tho proceeds of a league of land which (lie hitter liad sold for the former as his agent. The defendant pleaded that lie was not indebted and that lie had fully accounted to the defendant.
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Appeal from Washington. Tlie. appellee sued the appellant for tho proceeds of a league of land which (lie hitter liad sold for the former as his agent. The defendant pleaded that lie was not indebted and that lie had fully accounted to the defendant. After tlio cause was at issue the parties entered into an agreement in writing to arbitrate, reserving tlie right of appeal, in which they.appointed four arbitrators by name and stipulated that any three of them should be authorized to act, and in case they should fail to act the. award was to be made by such arbitrators as might he agreed upon…
1Opinion of the CourtTTincRLKR, J.
The assignment of errors brings in question the effect to the submission of 1 he controversy to an arbitration, the admissibility .of tlie transcript, from the records of Harris comity, tlie siiilicieney of the evidence, and tlie relevancy of the verdict to the issues.
It was doubtless the intention of tlie parties to avail themselves of tlie provisions of the act of 1840, (Hart. Dig-., p. 89,) in submitting- the case to arbitration. The statute prescribes tlie proceedings which shall be had; and if they would have invoked its aid they should have observed its directions. This they have net,…
2Cited by4 opinions
- Carpenter v. North River Insurance CompanyCourt of Appeals of Texas · 1968
- Hill v. NeeseCourt of Appeals of Texas · 1913
- Gildart v. GrumblesTexas Supreme Court · 1858
- Nelson v. ReinhartNevada Supreme Court · 1917