Fooks v. Lawson

Citations

• 15 Del. 115

Syllabus

<p>Arbitration and Award.—Where a verbal agreement to submit matters in controversy to the decision of arbitrators is made, the burden is upon the plaintiff, who seeks to recover the amount of the award, to prove to the satisfaction of the jury. 1st. That there was a mutual and concurrent agreement between the parties to submit their differences to the determination of the arbitrators selected. 2d. That they mutually and concurrently agreed to abide by the award. 3d. That the arbitrators were selected and appointed in accordance with the agreement. 4th. That the arbitrators actually made the alleged award for the amount therein specified, pursuant to and in conformity with such agreement of submission.</p> <p>Same.—If the arbitrators fail to consider every matter of controversy submitted to them by the agreement of arbitration, their award is void. In the absence of proof of such omission, it will be presumed that all the matters submitted were considered and passed upon.</p> <p>Same.—If one of the parties revoke his agreement to submit the matter in controversy^to the arbitrators before their award is made, their finding is void.</p> <p>Same. Evidence.—Arbitrators cannot testify as to the reasons for their decision.</p>