Guerrant v. Smith

Citations

• 48 Miss. 90

Syllabus

<p>X. Arbitrators — power of. — *It is a general rule that arbitrators have power to order a party to the submission to execute a release to another party to the submission, of or concerning any claim or demand constituting a portion of the subject-matter of the arbitration, or the whole thereof.</p> <p>2. Arbitrators — award.—The award made by two arbitrators in connection with a third party called in by > them because of disagreement, under the authority of the articles of submission, is the award of the arbitrators, and binding upon all the parties to the submission, and the securities upon the bonds given by the parties to abide by and perform the award.</p> <p>3. Case in judgment. — G. and S. being partners in a mill, and having gotten into a controversy, G. withdrew, and the partners submitted all matter of difference between them to the arbitratment and award of M. and T., who were authorized to call in a third party in case of disagreement. M. and T. awarded, among other things, that G. should release all claim and interest in and to the mill, and partnership accounts and assets, and that S. should pay G. $1,128. G. failed to execute and deliver the release, and S. refused to pay the $1,128, whereupon G. brought suit on the bond executed by S., to abide by and perform the award. Held, that the execution and delivery of a release was a condition precedent to a right to sue upon the submission bond, for the sum awarded by the arbitrators.</p>