WM. C. Hamilton & Son v. Hart

Citations

• 125 Pa. 142
• 17 A. 226
• 1889 Pa. LEXIS 702

Syllabus

<p>1. An award which is not final, or is not complete as to all matters included in the submission, is void altogether, and is not admissible even as an account stated: Hostetter v. Pittsburgh, 107 Pa. 419, distinguished.</p> <p>(a) A building contract which constituted a submission to arbitration, provided for a release of liens, and contemplated the settlement by the arbitrator of all differences which should arise between the parties in file course of the work: complaints were made and deductions claimed for bad workmanship and negligence.</p> <p>(&) The award filed was in the form of a statement of account between the parties and contained no reference to the differences, the arbitrator regarding the court as the proper tribunal for tljeir settlement: at the end of the award the arbitrator stated that he would not accept the release of liens offered. Held :</p> <p>2. That the award was not final, both because certain matters within the submission were not passed upon by the arbitrator, and because it yet remained for him to approve a release of liens; and that, although the award was not valid, the contract still remained in force, and the plaintiff’s remedy was open to him whenever a valid award was made.</p> <p>8. Where the parties to an agreement, which is the basis of a submission to arbitration, are dissatisfied with the award thereon, and one of them repudiates it by bringing a suit upon the agreement which is decided against him, he will not be permitted to fall back upon the award.</p>