Weaver v. Powel

Citations

• 148 Pa. 372
• 23 A. 1070
• 1892 Pa. LEXIS 989

Syllabus

<p>[Marked to be reported.]</p> <p>Arbitration — Powers of arbitrators determined by terms of the submission — Award.</p> <p>The powers of the arbitrators are1 derived from the submission and measured by it.</p> <p>If in express terms, or by fair implication, it allows a majority to make the award they may do so, but otherwise all must unite in making it. If it requires that the award should be made in a “ report under their hands and seals,” an award will not be sustained, when signed and sealed by two of three arbitrators, by proof that the third, while refusing to sign the award, said “ it was all right.”</p> <p>An award which is not authorized by the submission is invalid, and it is error to allow a recovery upon it.</p>