Murphy v. Greenberg

Citations

• 246 Pa. 387
• 92 A. 511
• 1914 Pa. LEXIS 524

Syllabus

<p>Practice, G. P. — Arbitrators—Reference without rule of court— Act of June 16, 1836, P. L. 715 — Awards—Entry of judgment— Proper award — Judgment for plaintiff.</p> <p>1. Where the trial of a case is in progress and the parties agree to refer it to arbitrators and to abide by their award, there is a substantial compliance with the Act of June 16, 1836, P. L. 715, providing that the parties to any suit may consent to a rule for the reference of matters in controversy to arbitrators and if the award is made in pursuance of the submission, it is equivalent to the verdict of a jury, and the court has authority to enter judgment upon the award although no rule of court for the submission of the case to arbitrators has been entered.</p> <p>2. At the trial of an action of assumpsit to recover a balance alleged to be due under a building contract, the parties agreed to the withdrawal of a juror and the reference of the matters in controversy to arbitrators. No rule for the submission of the case to arbitrators was entered. The agreement of reference provided that if the arbitrators should find that the contract had been fully performed by plaintiff, the defendant should pay the plaintiff the amount claimed; that if the arbitrators should find that the contract had not been fully performed, they should investigate what changes or alterations, if any, should be required to complete and fully perform the contract; that if defendant had made some changes and alterations, the arbitrators should consider whether or not the expenses incident thereto were necessary and proper, and if so, should allow defendant credit for such expenses; that the certificates of the arbitrators should be binding and conclusive with respect to the matters comprised therein; that the arbitrators should certify their conclusions within thirty days as to whether or not the contract had been performed; and that both parties waived the right of objection, exception or appeal from the conclusion of the