Stout v. W. M. Garrard & Co.

Citations

• 128 Miss. 418
• 91 So. 33

Syllabus

<p>1. Arbitration and Award. Declaration in suit on award held not to ' state a catise of action.</p> <p>Where parties agree to arbitrate their differences under the statute (Code of 1906, section 96 et seq.; Hemingway’s Code, section 83 et seq.), and an agreement is signed by the parties and an award is made thereon, and suit is filed on the award, the declaration alleging the material facts in reference thereto, and making the contract in controversy, the agreement to arbitrate, and the award thereon exhibits to the declaration, it is error to sustain a demurrer to the declaration which alleged that the arbitrators heard all the parties and considered all points in controversy and passed upon and finally disposed of every question submitted to them fully and completely, and unanimously agreed to award to plaintiff the amount named, etc., and that payment had been demanded and refused.</p> <p>2. Arbitration and Award. Every presumption will be indulged in favor of validity of arbitration proceedings.</p> <p>Under the statutes on arbitration and award, Code of 1906, section 114, Heipingway’s Code, section 101, articles of agreement to arbitrate and awards thereon are to be liberally construed so as to encourage the settlement of disputes and the prevention of litigation, and every reasonable presumption will be indulged in favor of the validity of arbirtation proceedings.</p> <p>3. Arbitration and Award. All arbitrators must participate, but majority may make award.</p> <p>Under section 101, Code of 1906 (section 88, Hemingway’s Code), all arbitrators must participate in the arbitration but a majority may make an award, unless the articles of submission provide to the contrary; and, where the award shows that a majority agreed on each item of the award in this case, it is unnecessary to decide the question as to whether there was in law an unanimous award on the recitals of the award itself.</p>