Eisel v. Howell

Builders of a dwelling in Baltimore County, seeking to enforce a mechanics’ lien by the statutory bill in equity, were met by the claims of the owners—in a motion to dismiss the bill and for a summary decree—that the failure of the builders to have sought arbitration, as allegedly required by the written contract between the parties, ousted the Circuit Court of jurisdiction. Judge Raine, without hearing testimony, held that the court would retain jurisdiction but stay the proceedings “until the parties have had reasonable opportunity to comply with the arbitration provisions.” The owners have…