Zehner v. Lehigh Coal & Navigation Co.

Citations

• 187 Pa. 487
• 41 A. 464
• 1898 Pa. LEXIS 831

Syllabus

<p>Evidence — Depositions—Practice, C. P.</p> <p>A deposition taken by a stenographer in shorthand must be fully written out in longhand, read by or to the witness, assented to and signed by him. These requirements or their full equivalent are essential, and cannot be dispensed with. Unless complied with the court will not receive or consider the deposition.</p> <p>Arbitration— Revocation of arbitration — Consideration — Rule of court.</p> <p>Where an agreement to arbitrate partakes of the nature of a contract whereby important rights are gained and lost reciprocally, and the submission is the moving consideration to these acts, the agreement is irrevocable.</p> <p>By an agreement to arbitrate, title to land was admitted to be in the plaintiff, together with certain water privileges. Damages were admitted to be due and owing, and the agreement provided simply for their assessment. There was some delay incident to the reference. Held, that the agreement to arbitrate could not be revoked by the defendant.</p> <p>An agreement to arbitrate when made a rule of court is irrevocable.</p> <p>Where an agreement to arbitrate is in a pending action, it is treated as under a rule of court, and it is unnecessary to so stipulate in the agreement.</p>