Knickerbocker Ice Co. v. Smith

Citations

• 147 Pa. 248
• 23 A. 563
• 1892 Pa. LEXIS 823

Syllabus

<p>Contract — Referee—Employee of ice company.</p> <p>The defendant, the driver of an ice wagon, entered security with the ice company “ for the prompt return of all moneys collected, prompt settlement of all shortages on ice intrusted to his care, and of all losses or damages sustained by said company by reason of his neglect.” In the event of a dispute as to the amount of such moneys due, the settlement was to be made by the book-keeper of the company. The defendant refused to account for overdue ice bills which he had been unable to collect from customers. The book-keeper settled the account and charged the defendant with these bills. Held, that as the dispute was in regard to the construction of the contract itself, the settlement of such dispute was not committed to the book-keeper. Under the contract the defendant was not liable to the ice company for the amount of the unpaid bills.</p>