Robertson v. . Marshall
Supreme Court of North Carolina
Appeal from JS. B. Jones, J., at the August Term, 1909, of Suery. Civil action to recover on a bond of $2,000 given by defendant S. E. Marshall to secure performance of an award.
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Appeal from JS. B. Jones, J., at the August Term, 1909, of Suery. Civil action to recover on a bond of $2,000 given by defendant S. E. Marshall to secure performance of an award. It appeared that defendant, S. E. Marshall, had sold plaintiffs two saw mills, referred to as the big and the little mills, the first at the price of $2,000 and the latter at $1,000, the sale being partly on credit, and the mills, which were then placed'on or near the lands of defendant, were to be paid for in lumber, sawed by plaintiff at said mills and from certain described lands of defendant; that defendant…
1Opinion of the Court
HoKe, J.,
after stating the case. As a legal proposition, defendant is correct in contending that an award may not extend beyond the meaning and scope of the submission, unless waived by the voluntary introduction of testimony, or some other recognized method of enlarging the range of inquiry. Such action on the part of the arbitrators is void, certainly as to the excess, and if not on matter independent and severable its effect may be to render the entire award invalid. Stewart v. Cass, 16 Vermont, 663; Cox v. Jagger, 2 Cowen, 638; 3 Cyc., p. 537. The facts in evidence, however, do not bring…
2Cases cited1 opinion
- Shackelford v. PurketCourt of Appeals of Kentucky · 1820
3Cited by2 opinions
- Geiger v. . CaldwellSupreme Court of North Carolina · 1922
- Bowie v. . TuckerSupreme Court of North Carolina · 1933