Legal Opinion

Johnsen v. Wineman

North Dakota Supreme Court

Decided March 24, 1916PublishedCited by 4 opinions

Appeal from District Court, Ramsey County, Butiz, J. From a judgment in defendant’s favor, plaintiff appeals. An award of arbitrators that does not follow and comply with the law is not a valid statutory award. The award was not acknowledged. Gessner v. Minneapolis, St. P. & S. Ste. M. R. Co. 15 N. D. 560, 108 N. W. 786; Code of Civ. Proc. 1913, § 7321. Arbitration and award constitute a contract. District of Columbia v. Bailey, 171 TJ. S. 161, 43 L. ed. 118, 18 Sup. Ct.

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Appeal from District Court, Ramsey County, Butiz, J. From a judgment in defendant’s favor, plaintiff appeals. An award of arbitrators that does not follow and comply with the law is not a valid statutory award. The award was not acknowledged. Gessner v. Minneapolis, St. P. & S. Ste. M. R. Co. 15 N. D. 560, 108 N. W. 786; Code of Civ. Proc. 1913, § 7321. Arbitration and award constitute a contract. District of Columbia v. Bailey, 171 TJ. S. 161, 43 L. ed. 118, 18 Sup. Ct. Rep. 868. From the agreement to submit must be gathered the contract of the parties as to the matters in dispute and…

1Opinion of the Court

Fisk, Ch. J.

Action to foreclose a mechanic’s lien. The complaint is in the usual form, claiming a balance due on the contract of $354.Y3 and $238.3Y for alleged extras furnished at defendant’s request, and praying for a foreclosure of the lien. The answer, among other things, alleges damages for delay in completing the contract at the rate of $5 per day from November 15, 1912, to April 1, 1913, or a total of $6Y5, such damages having been stipulated for in the contract. It further alleges that pursuant to agreement all matters of difference between the *119parties were submitted to arbitration,…

2Cases cited3 opinions

  1. New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
  2. Lilley v. TuttleSupreme Court of Colorado · 1911
  3. Hackney v. AdamNorth Dakota Supreme Court · 1910

3Cited by4 opinions

  1. Nelson Paving Co., Inc. v. HjelleNorth Dakota Supreme Court · 1973
  2. Nordenstrom v. SwedbergNorth Dakota Supreme Court · 1966
  3. Copney v. . ParksSupreme Court of North Carolina · 1937
  4. Nelson Paving Co., Inc. v. HjelleNorth Dakota Supreme Court · 1973

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