Efner v. Shaw
New York Supreme Court
Error from the Erie common pleas. Shaw sued Efner in the common picas, and declared against him on a written mstrument signed by both parties, whereby they agreed that J. B. Stone and J. B. Hicks should appraise the joiner’s and carpenter’s work on a brick building lately erected by the plaintiff for the defendant; that the appraisers should make a statement of the value of the work according to the usual • r . prices paid m the country for such work, and that the parties…
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Error from the Erie common pleas. Shaw sued Efner in the common picas, and declared against him on a written mstrument signed by both parties, whereby they agreed that J. B. Stone and J. B. Hicks should appraise the joiner’s and carpenter’s work on a brick building lately erected by the plaintiff for the defendant; that the appraisers should make a statement of the value of the work according to the usual • r . prices paid m the country for such work, and that the parties would abide their decision. On the trial of the cause, the plaintiff proved that an appraisement was accordingly made, and…
1Opinion of the Court
By the Court, Sutherland, J.
A promise to pay the amount at which the arbitrators should estimate the labor and services performed by the plaintiff beloxv upon the house mentioned in the submission, is implied in the agreement of the parties contained in the submission, to abide by the decision of the arbitrators. The submission admits that the defendant ought to pay what the labor was worth, and leaves nothing to be done by the arbitrators but to determine the xralue of such work. If the work was originally performed under a special contract fixing the price, it might be questionable whether…
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