Fish v. Vermillion

The opinion of the court was delivered by

Mason, J. :

This proceeding is brought to review a judgment for defendant rendered in an action brought to recover $126 as commission for a sale of real estate. *349The defense was that the amount of the commission had been submitted to arbitration and had been fixed at twenty-five dollars by an award that was conclusive upon the parties. The fact of the submission to arbitration was admitted, but it was contended that the award was void because it had been joined in by only two of the three arbitrators chosen, without the concurrence of the third. The case…