Dudley v. Thomas

Citations

• 23 Cal. 365

Syllabus

<p>When matters in dispute are submitted to arbitration, with power for the arbitrators to appoint an umpire, the arbitrators have a right to select the umpire, either before or after the investigation of the matter has commenced, even though the articles of submission contain a clause providing for such selection in the event of a disagreement between the arbitrators.</p> <p>Arbitrators have the power to award costs, though no mention be made of costs in the articles of submission.</p> <p>After an award has been once made and delivered, the arbitrators cannot after-wards alter the same, even to correct mistakes, without the consent of the parties; but the making of a new and supplementary paper, and attaching the same to the award, after it has been delivered, does not vitiate the original award, and may be treated as surplusage.</p> <p>If the arbitrators award that one of the parties shall pay to the other a sum certain, and also that the parties shall execute to each other mutual releases of all actions, etc., the tender of a release as provided by the award is not a condition precedent to the right to bring an action to recover the money.</p> <p>The award of money is absolute and unconditional; but the award of releases is different, for they are concurrent acts, and neither party can compel the other to execute a release without the tender of a release by himself.</p>