Tucker v. Page

Citations

• 69 Ill. 179

Syllabus

<p>1. Arbitration and award—must embrace all matters sxibmitted. The • general doctrine is, that, an award of arbitrators well be void unless it comprehends all the matters submitted which are named in the submission.</p> <p>2. Award—presumption in favor of. Where the submission is general, and an award of one or more things is made, it will be presumed, until tlie contrary is shown, that nothing else was referred or submitted to the arbitrators.</p> <p>3. Same—requisites to its validity. Whether the submission be general or special, or made by parol or by writing under seal, it must be substantially pursued in making the award, and the award must be certain and final as to the rights of the parties. But certainty to a common intent is all that is required.</p> <p>4. Same—accident, fraud or mistalce. In the absence of proof of accident, fraud or mistake, it will be presumed that an award is just and correct, and its justness or correctness will not be re-tried in a suit to recover the amount found due from one party to the other.</p> <p>5. Same— evidence to impeach. Where an award is signed by all the arbitrators, evidence can not be received to show that one of them signed it under the belief that it would not be binding, or.would not be legal. An arbitrator will not be permitted to impeach the integrity of his own conduct or that of his co-arbitrators in making the award, either as to its execution, delivery, or the binding effect it is to have.</p> <p>6. Same—whether pursuant to submission. Where two partners submitted to arbitration all the differences between them in respect to their partnership affairs, in general terms, it was held, that the arbitrators were authorized to adjust every question of dispute arising out of the partnership transactions, however complicated, and that they were not limited to the books of the partnership account.</p> <p>7. Variance—as to terms of submission to arbitrators. Where the declaration in a suit upon an award averred that t