Herron v. Henry

Citations

• 242 Pa. 494
• 89 A. 590
• 1913 Pa. LEXIS 915

Syllabus

<p>Contracts — Assumpsit—Set-off—Award of arbitrators — Fraud in procuring award — Immaterial evidence.</p> <p>In an action of assumpsit for goods sold and delivered, defendant sought to set-off a sum which had been awarded him in another dispute with plaintiff, by a board of arbitrators selected under the rules of a grain and flour exchange to which both parties had subscribed. It appeared that the award had been reversed by a committee having authority to hear and determine appeals from the board of arbitrators. Defendant offered evidence that plaintiff had been expelled from the exchange by the board of managers for fraud and collusion in securing the reversal of the award. It was admitted by defendant that the board of managers had no authority to interfere with the decisions of the committee which had reversed the award. The court excluded the evidence as incompetent to show that the reversal of the award had been obtained by collusion and fraud, and directed a verdict for plaintiff upon which judgment was entered. Held, no error.</p>