S. Shultz & Bro. v. Lempert

Citations

• 55 Tex. 273
• 1881 Tex. LEXIS 116

Syllabus

<p>1. Award of arbitrators.— The award of arbitrators rendered upon an agreement under the statute to arbitrate matters in controversy, and in which no right of appeal is reserved, if made in substantial compliance with the statute, will, on motion, be made the judgment of the court, unless impeached on equitable grounds for fraud or gross mistake. Such award, unless so impeached, is, as to questions of fact, absolutely conclusive.</p> <p>2. Award of arbitrators—Practice.—When an award of arbitrators, rendered under an agreement to arbitrate, reserving the right to appeal, is made the judgment of the district court on motion, without objection, and no application for appeal made, it would seem that the judgment of the district court should be affirmed on appeal to the supreme court, in the absence of facts shown upon the face of the award or proceeding some irregularity or deviation from the statute, or some excess of authority exercised by the arbitrators.</p> <p>3. Arbitration.—When a right to appeal is reserved in an agreement to arbitrate under the statute (R. S., arts. 51, 52), the arbitration becomes practically nothing more than an experimental attempt to satisfy both parties, if there is timely application for appeal and citation properly served. In such case the cause stands for trial de novo as if no agreement to arbitrate had been made.</p> <p>4. As TO IMPROVEMENTS made in good faith.— Though the fact that a purchaser had full knowledge of the state of the title at the time of his purchase, and when he made his improvements, is not conclusive as to his good faith in purchasing and improving, a finding against him on the question of good faith will not be disturbed under such circumstances.</p> <p>5. Parties—Arbitration.— Parties interested In the subject matter in litigation, but who were not made parties in the suit, joined with the parties to the suit in a written agreement under the statute to arbitrate, and the district court affirming, on motion, the