McKeeby v. Arthur

The opinion of the court was delivered by

Case, J.

The appeal was to the Appellate Division of the Superior Court and comes to us on our own motion. It turns chiefly upon matters arising out of an agreement to arbitrate.

Plaintiff and defendant entered into a contract which contained this clause:

“It is hereby agreed that any matter arising hereunder, which cannot be mutually agreed to between the Contractor and Owner shall be settled by reference to two indifferent persons, one to be named by each of the parties, with power for such persons to appoint an umpire in ease of their disagreement; and…