Rollins v. Townsend
Massachusetts Supreme Judicial Court
Contract upon an account annexed. The declaration also contained a count alleging an agreement of submission to arbitration, dated March 18, 1873, whereby the parties agreed to submit all matters of difference between them, and under which an award was made, dated March 29,1873, by the referee named therein, in favor of the plaintiff in this action, for a sum stated.
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Contract upon an account annexed. The declaration also contained a count alleging an agreement of submission to arbitration, dated March 18, 1873, whereby the parties agreed to submit all matters of difference between them, and under which an award was made, dated March 29,1873, by the referee named therein, in favor of the plaintiff in this action, for a sum stated. The answer contained a general denial, and set up the following agreement of reference made subsequently to the one mentioned in the declaration, signed by the plaintiff, the defendant and by C. E. Folsom & Co.: “We, the…
1Opinion of the CourtDevens, J.
When parties have entered into an agreement to refer claims which are disputed, and an award has been made by virtue of such agreement, it is entirely competent for them to waive such award by mutual consent. Girdler v. Carter, 47 N. H. 305. As they may waive any settlement of disputed claims which they themselves have once agreed to, so they may waive any which has been made for them by others acting at their request. If, after a matter has once been referred to arbitration and an award has been rendered, the parties agree to re-arbitrate the matter in dispute, this must be treated as…
2Cases cited2 opinions
- Burnside v. PottsIllinois Supreme Court · 1860
- Eastman v. ArmstrongIllinois Supreme Court · 1861
3Cited by10 opinions
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Mills v. Board of Conciliation & ArbitrationMassachusetts Supreme Judicial Court · 1942
- Baldwin v. MosesMassachusetts Supreme Judicial Court · 1946
- Rawlinson v. ShawMichigan Supreme Court · 1898
- Gaylord v. NortonMassachusetts Supreme Judicial Court · 1881
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