Huckestein & Co. v. J. Kaufman & Bros.

Citations

• 173 Pa. 199
• 33 A. 1028
• 1896 Pa. LEXIS 682

Syllabus

<p>Arbitration — Award—Evidence—Oonclusiveness of finding.</p> <p>Where the parties, by agreement in writing, submit their “ differences ” to arbitrators mutually chosen, whose award shall be “ final and conclusive,” the courts, in the absence of fraud or misbehavior on part of the arbitrators, will not inquire whether the award was warranted by the evidence submitted.</p> <p>Arbitration — Estoppel—Jurisdiction.</p> <p>Where it is alleged a particular item was not in dispute between the parties, and was not therefore within the terms of the written submission, and consequently the arbitrators had no jurisdiction, yet if the party so alleging presented the undisputed item to- the arbitrators, and it was considered in making up their award, the party presenting it is estopped from denying the jurisdiction of the arbitrators.</p> <p>Auditor — Finding of fact — Arbitration.</p> <p>The finding by an auditor as a fact, that an undisputed item was submitted by a complaining party to the arbitrators, and was passed on by them, will not be disturbed, unless for manifest error.</p>