Batchelder & Brown v. Reynolds

• Decision Date: 01 October 1935
• Parties: BATCHELDER & BROWN v. EMMA E. REYNOLDS, ADMX. OF BERT E. REYNOLD'S ESTATE
• Court: Vermont Supreme Court

180 A. 884

107 Vt. 439

BATCHELDER & BROWN v. EMMA E. REYNOLDS, ADMX. OF BERT E. REYNOLD'S ESTATE

Supreme Court of Vermont

October 1, 1935

May Term, 1935.

Arbitration and Award---Sufficiency of Document Signed by Arbitrators as Award---Construction of Award of Arbitrators---Inadmissibility of Extrinsic Evidence To Affect Award---Presumptions.

1. In action based upon award of arbitrators, to whom parties had orally agreed to submit disputed claim relating to commission on sale of land, document signed by arbitrators purporting to be their award, made after hearing parties and considering proofs, where meaning was plain and result not uncertain held admissible as award of arbitrators, over defendant's objection that it was merely agreement between arbitrators and not their award or order, phrase "It is agreed," with which writing began, not importing contractual relation between arbitrators, but expressing coincidence of their opinions upon merits of controversy, and concluding sentence, commencing "That is the decision," showing clearly that it was intended to make final disposition of subject-matter of dispute.

2. Award of arbitrators is to be liberally construed, and every reasonable intendment is to be made in its support.

3. Where award of arbitrators was within scope of submission and made as arbitrators intended it should be, upon evidence submitted to them, without fault or delusion on their part extrinsic evidence is not admissible to impeach it.

4. Same presumptions are to be indulged in favor of award of arbitrators as in case of judgment.

APPEAL from disallowance, by commissioners of Estate of Bert E Reynolds, of award of arbitrators concerning disputed claim for broker's commission on sale of certain real estate. Trial by jury at the June Term, 1934, Lamoille County, Sturtevant, J., presiding. Verdict directed for the defendant at close of plaintiff's evidence, and judgment thereon. The plaintiff excepted. The opinion states the case.

Judgment reversed, and cause remanded.

J. H. Macomber and J. H. Macomber, Jr., for the plaintiff.

W. E. Tracy for the defendant.

Present: POWERS, C. J., SLACK, MOULTON, THOMPSON, and SHERBURNE, JJ.

OPINION

MOULTON

This action is based upon an award of arbitrators. It comes to us upon exceptions by the plaintiffs to the exclusion of certain evidence by the trial court.

There was testimony tending to show an oral agreement between the plaintiffs and the defendant's intestate to submit to two certain arbitrators a disputed claim concerning a broker's commission on the sale of certain real estate and that the parties agreed to abide by the result. The arbitrators met, the controversy was heard, notice of the decision was given, and the arbitrators signed a writing as follows: "Burlington, Vermont, March 13, 1929. It is agreed that the commission of 5% for sale of farm by Batchelder & Brown for E. A. Coffin and wife which is $ 450.00 should be paid by said Coffin at once. In case payment is refused and if not paid in thirty days after demand is made, Mr. B. C. Reynolds who is on the commission note, is to pay said commission of $ 450.00 upon demand of said Batchelder & Brown. Said farm was sold by Batchelder & Brown for said E. A. Coffin to the United States Government, and was in the town of Bolton, Vermont. That is the decision of your arbitrars (sic) John J. Flynn and Fred B. Howe. (Signed) John J. Flynn, F. B. Howe." This writing...