Cal. Lima Bean Growers' Ass'n v. Mankowitz
| Decision Date | 12 March 1931 |
| Citation | 154 A. 532 |
| Parties | CALIFORNIA LIMA BEAN GROWERS' ASS'N v. MANKOWITZ. |
| Court | New Jersey Circuit Court |
In the matter of the application of the California Lima Bean Growers' Association for an order directing Samuel Mankowitz, trading as House of Mankowitz, to proceed to arbitration.
Judgment in accordance with opinion.
Furst & Furst, of Newark, for petitioner.
William Greenfield, of Newark, for respondent.
The petitioner in this case seeks an order of this court directing the respondent to proceed with an alleged arbitration agreement.
The petitioner urges that a broker by the name of John B. Stratton, associated with M. W. Houck & Bro. of New York City, at the request of Samuel Mankowitz, trading as House of Mankowitz, took an order for one hundred bags choice R/c lima beans for the account of California Lima Bean Growers' Association, subject to confirmation by it. The latter was received and a bought and sold note was sent to the seller, as well as to the purchaser of the beans. This bought and sold note is as follows:
The note was not signed by the broker. The purchaser refused to execute the contract which followed the note, and declined to take delivery, alleging that he had made no contract with the broker.
1. It is insisted that the failure of the broker to sign this note is fatal. The statute is satisfied if the terms of the contract are in writing, and the names of the contracting parties appear, provided the broker had the authority to act. Weyl-Zuckerman & Co. v. Schnell, 96 N. J. Law, 558, 115 A. 182; E. S. Woodworth & Co. v. Champlin, 23 N. J. Law J. 143. Thus a duly authorized broker may fill out a memorandum of the sale, and if it contains the names of the buyer and seller, a description of the goods, and the terms of the bargain, the case is brought within the statute.
2. The respondent, by his affidavit, alleges that it never retained the services of the broker. There can be no arbitration if the contract of submission is denied by one of the parties. Arbitrators derive their...
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Battle v. General Cellulose Co.
...that he was obligated to arbitrate and hence is bound by the award. Defendant claims support in California Lima Bean Growers Association v. Mankowitz, 9 N.J.Misc. 362, 154 A. 532 (Cir.Ct.1931), and Stein v. Local 680 of the Milk Drivers and Dairy Employees of New Jersey, 141 N.J.Eq. 226, 56......
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Miller-Crenshaw Co. v. Colorado Mill & Elevator Co.
...et al., 92 U.S. 412, 23 L.Ed. 684; Buchman et al. v. Millville Mfg. Co. (C.C.A.2) 17 F.(2d) 983; California Lima Bean Growers Association v. Mankowitz, 154 A. 532, 9 N.J. Misc. 362; and cases digested in note III, 28 A.L.R. There was no ambiguity or misunderstanding as to the terms of the s......
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Rosenthal v. Berman, A--36
...Corp., 313 Pa. 442, 170 A. 286, 93 A.L.R. 1067 (Pa.1934). And the late Judge Mountain so held in California Lima Bean, etc., v. Mankowitz, 154 A. 532, 9 N.J.Misc. 362 (Cir.Ct.1931). We adopt the same view. We are skeptical, however, that the contract requires the arbitration proceeding to b......
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