Whitney v. Stone

Citations

• 23 Cal. 275

Syllabus

<p>When an agreement in writing is entered into under the three hundred and eightieth section of the Practice Act, to submit questions of difference relative to the partition of lands to the award of arbitrators, and the arbitrators meet and make their award, a Court of Equity will decrece a specific performance of the award.</p> <p>The fact that such agreement contains a clause by which each party binds himself to the other in a sum certain, as a penalty, in case he refuse to abide by and perform the award, does not deprive a Court of Equity of its power to decree ■ a specific performance, even though the party refusing to perform should offer to pay the penalty agreed upon.</p>