Zindorf Construction Co. v. Western American Co.

Citations

• 27 Wash. 31
• 67 P. 374
• 1901 Wash. LEXIS 459

Syllabus

<p>APPEAL — STATEMENT OF FACTS-TIME OF FILING.</p> <p>A statement of facts filed after the expiration of the statutory limit provided by Bal. Code, § 5062, will be stricken from the files on the motion of respondent.</p> <p>SAME — RECORD-SUFFICIENCY OF EVIDENCE TO SUPPORT FINDINGS.</p> <p>Although there may be affidavits in the record on appeal, which had apparently been treated on the trial as evidence, yet the supreme court will not inquire into the correctness of the court’s findings, where there is no statement of facts, and it does not appear that the affidavits constituted all the evidence upon which the findings were based.</p> <p>ARBITRATION AND AWARD-REFUSAL OF ONE PARTY TO ARBITRATE-</p> <p>WHEN AWARD BARS ANOTHER ACTION.</p> <p>Agreements between parties for the arbitration of disputes between them are governed by Bal. Code, §§ 5102-5112, and an award made by the arbitrator agreed upon, filed in the office of the clerk of the court, and judgment entered thereon by the court is a bar to an action brought by one of the parties who refused to submit the disputed matter to arbitration, even though such action had been instituted prior to notice from the adverse party of the submission of the matter to arbitration under their agreement. (Fullerton and Anders, JJ., dissent.)</p>