J. M. Davis Co. v. Shaler Township

Opinion by

Mr. Justice Maxey,

This is an appeal by defendant from the action of the court below, after disqualifying upon plaintiff’s petition an arbitrator named in the written contract between plaintiff and defendant, in appointing another arbitrator to act in his place.

By a stipulation filed counsel have agreed for the purpose of this appeal to the truth of the averments of fact in plaintiff’s petition, including the averment of the disqualification of the arbitrator named in the contract. The facts are: The plaintiff, J. M. Davis Company, engaged in the general contracting business, entered…