Huber v. Zimmerman
Supreme Court of Alabama
Ereor to tbe Circuit Court of Mobile. Tried before tbe Hon. L. GibbONS. 1. No formal submission, whether written or verbal, is necessary. Matters may be referred to arbitration in any manner that expresses the agreement of the parties to be bound by the award.
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Ereor to tbe Circuit Court of Mobile. Tried before tbe Hon. L. GibbONS. 1. No formal submission, whether written or verbal, is necessary. Matters may be referred to arbitration in any manner that expresses the agreement of the parties to be bound by the award. Russell on Arbitration, 92; 9 Ala. 755; 1 ib. 278. In this case, the letter of the defendant to his son contained ample authority to him to refer the matters in controversy to arbitration. 8 Barn. & Cress. 16. 2. The case of Scarborough v. Reynolds, 12 Ala. 252, is not adverse to this construction of the letter. In that case, it was…
1Opinion of the CourtChilton, J.
— This was an action commenced by attachment at the suit of the plaintiff in error against the defendant, to recover the sum of $725TW, that being the sum alleged to have been awarded the plaintiff by certain persons chosen by the parties to arbitrate the matters of difference between them in respect to their mutual accounts.
It appears from a bill of exceptions signed upon the trial, that the defendant, residing in the city of Philadelphia, and being unable, as he supposed, to effect a settlement with the plaintiff, who resided at Mobile, sent his son to Mobile in order to settle the matter…
2Cases cited1 opinion
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
3Cited by5 opinions
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- Pope v. WheatleyCourt of Appeals of Texas · 1932