Legal Opinion

Blackwell v. Goss

Massachusetts Supreme Judicial Court

Decided December 11, 1874Published

Contract upon the following award in writing and signed by the arbitrators: “ The undersigned, to whom was referred a matter of difference of opinion between Henry B. Blackwell and Abel Goss, in relation to the ownership of a horse, owned at different times by each of the parties, after a full consideration of the facts in the case, made this award: that Goss shall pay to Blackwell the sum of $140 in cash.”

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Contract upon the following award in writing and signed by the arbitrators: “ The undersigned, to whom was referred a matter of difference of opinion between Henry B. Blackwell and Abel Goss, in relation to the ownership of a horse, owned at different times by each of the parties, after a full consideration of the facts in the case, made this award: that Goss shall pay to Blackwell the sum of $140 in cash.” At the trial in the Superior Court, before Putnam, J., without a jury, the plaintiff offered evidence of the execution of the award and put it in the case. He then offered to show by his…

1Opinion of the CourtAmes, J.

This is a case in which an oral submission would be binding. Of course in such a case parol evidence must be admissible for the purpose of showing what it was that was submitted. Homes v. Aery, 12 Mass. 134. Eveleth v. Chase, 17 Mass. 458. Cook v. Jaques, 15 Gray, 59. Byam v. Robbins, 6 Allen, 63. Otherwise it could hardly be an oral submission. It must be taken as shown therefore by competent evidence that the horse which the plaintiff had bought and paid for had been returned to the seller, the defendant, who agreed to furnish another that should be satisfactory. The horse so returned…

2Cases cited3 opinions

  1. Inhabitants of Wilbraham v. Inhabitants of SturbridgeMassachusetts Supreme Judicial Court · 1850
  2. Homes v. AeryMassachusetts Supreme Judicial Court · 1815
  3. Eveleth v. ChaseMassachusetts Supreme Judicial Court · 1821

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