Burt v. McFadden

Citations

• 58 Ill. 479

Syllabus

<p>1. Award—whether binding—release as a condition precedent. Where the subject matter of certain suits pending was submitted to arbitration, the articles of submission stipulating that a release should be executed by the plaintiff in the suits, which should be delivered by the arbitrators on making their award, it was held, that an award against the party to whom the release was to be made was not binding upon him, there having been no release made and delivered, as was agreed upon.</p> <p>2. Principal and surety—waiver of conditions by the former. As a general rule, the principal can make no change in an agreement so as to bind his sureties, without their assent.</p> <p>3. So, where, upon a submission to arbitration, the agreement provided as a condition precedent to the making of the award, that a release should be executed by the party in whose favor the award was made, it is doubtful whether the principal in the arbitration bond could waive the performance of such condition so as to render his sureties liable in case of his failure to execute the terms of the award.</p>