Frederick v. Margwarth

• Citation: 221 Pa. 418,70 A. 797
• Parties: FREDERICK v. MARGWARTH et al.
• Decision Date: 18 May 1908
• Court: United States State Supreme Court of Pennsylvania

70 A. 797
221 Pa. 418

FREDERICK
v.
MARGWARTH et al.

Supreme Court of Pennsylvania.

May 18, 1908.

Appeal from Court of Common Pleas, Luzerne County.

Assumpsit on an award of arbitrators by S. Y. Frederick against William H. and Frank J. Margwarth, trading as Margwarth Bros. Judgment for plaintiff, and defendants appeal. Affirmed.

Argued before MITCHELL, C. J., and FELL, MESTREZAT, POTTER, and STEWART, JJ.

Richard B. Sheridan, Samuel Gustine Thompson, and John T. Lenahan, for appellants.

John H. Bigelow, C. W. Kline, and James L. Lenahan, for appellee.

FELL, J. This action was on the award of an arbitrator named in a building contract, and empowered to settle all disputes that might arise between the parties in relation to the contract or the building to be erected, to fix the allowance to be paid for improper materials or work, or for delay in completing the building, and to "decide any and every dispute" that might arise. A dispute arose, and the arbitrator, after hearing the parties, made an award in the plaintiff's favor on which suit was brought. At the trial of that action it was claimed by the defendants that the award was invalid because not coextensive with the submission, and it appeared from the testimony of the arbitrator that he had failed to pass upon a number of disputed matters that had been submitted to him. The court directed a verdict for the defendants for the reason set out on the record, that the award was incomplete. The arbitrator subsequently gave the parties written notice of the time and place of a meeting when he would hear them as to all matters in dispute arising under the contract. At this meeting the plaintiff presented his claims. The defendants refused to present any testimony, denied the authority of the arbitrator to act, and served on him a written notice of the revocation of his appointment. The arbitrator passed upon the disputed matters not before considered by him, and made...