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· 12/19/1902

Dickson Mfg. Co. v. American Locomotive Co.

Citations

  • 119 F. 488
  • 1902 U.S. App. LEXIS 5302

Syllabus

<p>1. Arbitration—Provision in Contract—Condition of Action.</p> <p>Provision for arbitration in a bill of sale, following after an express agreement to pay, does not, on tbe arising of a dispute as to whether, under the contract, certain expenses are to be taken as an element of “cost to vendor,” make an award of arbitrators a condition precedent to a right of action.</p> <p>2. Arbitration—Revoking Agreement.</p> <p>Provision in an arbitration clause in a bill of sale that failure of either' party to appoint an arbitrator shall authorize the other to make an appointment for the one in default does not prevent a revocation of the agreement for arbitration.</p> <p>¶ 1. See Arbitration and Award, vol. 4, Cent. Dig. § 30.</p>

Judges: Acheson

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