Blair v. Wallace

Citations

• 21 Cal. 317

Syllabus

<p>Where an award is objected to on the ground that it embraces matters not in fact submitted, though within the general terms of the submission, it lies with the objecting party to show affirmatively in what the arbitrators have exceeded their authority. Without such showing the award will be sustained.</p> <p>Thus, where the agreement of submission recited a sale and resale of certain lands, out of which transaction disputes and misunderstandings had arisen, and the submission was of “ all and every matter of dispute arising from or growing out of the transaction, aforesaid,” an award that one party receive from the other a certain amount of money and convey to him the lands mentioned, is prima facie authorized by the submission.</p> <p>Wherever parties may by their own act transfer real property, or exercise any act of ownership with regard to it, they may refer any disputes concerning it to the decision of arbitrators, who may order the same acts to be done which the parties themselves might do by agreement. This was the rule at common law and is not altered by section three hundred and eighty of the Practice Act.</p>