Patrick v. Batten

(after stating the facts). 1. We think the court erred in setting aside the award. Patrick made affidavit that, at the time of signing said agreement for arbitration, he expressly stated, and it was agreed between him and Mr. Batten, that no question should arise concerning any damages relative to the surrender of the lease, and that no question of damages arising to either party from the surrender of said lease was submitted by said articles of arbitration. This is denied by Mr. Batten. Upon this and upon other points both the parties, their attorneys, and all the arbitrators have made…