Grote v. Stein Et Ux.

Opinion by

Linn, J.,

This is an appeal from an order discharging a rule to show cause why an alleged award of arbitration should not be vacated or modified. The case was heard below on petition, rule to show cause, and answer. No depositions were taken. The only facts we have, then, are those alleged and not denied in the petition and answer. The court held that the contracting parties had merely agreed that a certain piece of land should be valued by an appraiser, and that they had not submitted to arbitration any “controversy existing between them at the time of the agreement to submit” as…