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· 1/6/1904

Jordan v. Lobe

Citations

  • 34 Wash. 42
  • 74 P. 817
  • 1904 Wash. LEXIS 307

Syllabus

<p>Abbiteation — Time foe Awaed Limited. Where an agreement for an arbitration expressly limits the time within which the award is to be made, the power of the arbitrators expires at the end of the time limited unless the same is extended or waived.</p> <p>Same — Waives ob Extension of Time Limit. Where, after the hearing on an arbitration in which the time for making an award was limited to twenty days, it was agreed that the award need not be considered until one of the arbitrators could go to Alaska and return, without anything being said about how long the trip would take, and he returned two days before the time expired, but nothing was done to make the award until more than twenty days after such return, whereupon one of the parties served notice of a revocation of the arbitration, an award made thereafter is void, and the court is without jurisdiction to affirm it.</p> <p>Same — Revocation—Notice oe Decision — Evidence. If such notice of revocation was necessary prior to knowledge of the determination in order to avoid a waiver of the time limit by silence, such waiver will not be found unless established by a preponderance of the evidence when notice of revocation was given before the award was filed or definitely settled upon.</p>

Judges: Mount

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