Donaldson v. Buhlman

• Court: Wisconsin Supreme Court
• Writing for the Court: WINSLOW
• Citation: Donaldson v. Buhlman, 134 Wis. 117, 114 N.W. 431 (Wis. 1908)
• Decision Date: 08 January 1908
• Parties: DONALDSON ET AL. v. BUHLMAN.

134 Wis. 117

114 N.W. 431

DONALDSON ET AL.

v.BUHLMAN.

Supreme Court of Wisconsin.

Jan. 8, 1908.

On motion for rehearing. Overruled.

For former opinion, see 113 N. W. 638.

WINSLOW, C. J.

The appellant moves for a rehearing in this case on the ground that four independent questions were submitted to arbitration, and that a mere failure of the arbitrators to properly understand their duties as to one question should not invalidate their awards as to the other questions. It is fair to say that the contention that the award was severable was not made in the original brief, and the question as to the length of time to be allowed to the respondents to remove saw logs was naturally regarded as the most important question in the case; and hence the question whether the award on minor subjects might or should be allowed to stand was not considered nor did it suggest itself to our minds.

It is undoubtedly true that, where a number of questions severable in their nature are submitted to arbitration, the fact that the award upon one question is bad will not necessarily result in the setting aside of the award upon the other questions unless the same vice affects them all, or unless the void part is a consideration for the other parts, or so affects the other parts that it appears that they are naturally dependent upon each other. Russell on Arb. & Award (8th Ed.) p. 201; 2 A. & E. Ency. of Law, p. 741 et seq.; Darling v. Darling, 16 Wis. 644.

In the present case, however, ...