Starr v. McNeal

Citations

• 253 Pa. 98
• 97 A. 943
• 1916 Pa. LEXIS 790

Syllabus

<p>Contracts — Arbitration agreements — Awa/rd—Assumpsit — Affidavits of defense — Insufficient averments.</p> <p>In an action upon an award of an arbitrator rendered under a submission, the terms of which provided that the parties should have no right of appeal, an affidavit of defense was insufficient to prevent judgment which alleged that defendant did not intend to be bound individually, where it appeared that he' signed the submis- • sion individually and also as president of a company, and that the arbitrator acted erroneously, in the absence of. any precise averment of some misconduct on the part of the arbitrator which would be an abuse of his authority or some gross and palpable error in law which would vitiate his judgment.</p>