Burrows v. Guthrie

Citations

• 61 Ill. 70

Syllabus

<p>1. Awards—of the certainty required therein. As a general principle, an award must be certain in itself, but certainty to a common intent is all that is required. The award must clearly establish the rights of the parties to the thing or matter in controversy, but parol evidence is always resorted to for the purpose of identifying the matter or thing.</p> <p>2. If the award settles the rights of the parties, and can be rendered certain by reference to accounts or other documentary evidence, it will be sustained.</p> <p>3. As, where an award makes reference to an account, the account may be properly referred to for the purpose of ascertaining the meaning of or' explaining the award.</p> <p>4. The award is to be judged of according to a common intent consistent with fair and reasonable presumption, and if it is so far certain as, from the nature of the subject of it, could be reasonably expected, and the directions of the arbitrators can, with tolerable ease, be reduced to a certainty, as by reference to any written document or the inspection of any particular thing, house or land, it will not be impeachable on the ground of uncertainty.</p> <p>5. Same—when objection for uncertainty should be raised. The objection that an award is not certain or final should be made before judgment is pronounced thereon. -></p> <p>6. Same—whether party estopped from, denying validity of awa/rd by acting under it. Where the affairs of a partnership had been submitted to arbitration, and after judgment was pronounced thereon, and at a subsequent term of the court, one of the parties acted under the award by entering a motion for a rule on the other party, requiring the latter to make and file under oath a detailed and itemized statement of all his receipts and disbursements as receiver and trustee under and by virtue of the award, it was held, that such party was thereby estopped from thereafter questioning the validity of the award.</p> <p>7. Same—eonclusiveness of judgment upon. Th