Seely v. Pelton

Citations

• 63 Ill. 101

Syllabus

<p>1. Arbitration and award—revocation waived. A party who agrees to submit matters of dispute to arbitrators, and afterwards gives notice that he will not stand to any award that may be made, will, nevertheless, be bound by the award if he appears before the arbitrators and enters into the trial. This will be regarded as a complete waiver of his notice of revocation of the submission.</p> <p>2. Same—delivery of copy of award. When the submission does not so require, it seems that an action may be maintained upon an award for the payment of money, although the arbitrators failed to give the defendant a copy thereof before suit.</p> <p>3. Interest on award. The statute allowing interest on money found to be due on settlement of accounts from the time of liquidating the same, applies to money found to be due from one party to the other by arbitrators. The maxim, fhi fácil per aliumfacit per se, applies in such case.</p> <p>4. Award—plea—revocation. Where the declaration upon an award avers that both parties, with their attorneys, attended the hearing before the arbitrators and entered into the trial, a plea which avers a revocation of the authority of the arbitrators before the hearing, presents no bar to the action.</p> <p>5. Award—plea—determining matters not submitted. A plea to a declaration upon an award, that the arbitrators heard and determined matters not embraced in the submission, in general terms, is defective in not stating in what particular they exceeded their jurisdiction. This is necessary, to apprise the plaintiff what to meet on the trial, and to narrow the issue to a single point.</p> <p>6. Same—plea—failure to pass on all matters submitted. Where the declaration upon an award averred a submission of matters involved in a suit at law to arbitration, a plea that the arbitrators failed to pass upon and allow matters embraced in the submission, is bad on demurrer, in not further averring that the arbitrators had notice of such matters, or that the defe