Gibson v. Burrows

• Decision Date: 21 October 1879
• Citation: 41 Mich. 713,3 N.W. 200
• Court: Michigan Supreme Court
• Parties: JOHN T. GIBSON v. MARGARET BURROWS.

3 N.W. 200

41 Mich. 713

JOHN T. GIBSON v. MARGARET BURROWS.

Supreme Court of Michigan

October 21, 1879

No award of arbitrators can be enforced by judgment thereon unless it, in all respects, conforms to the statutory provisions; where it does not, it can only be enforced by bill or action.References, like awards, can only be enforced where the statutory requisites are complied with.

Error to superior court of Detroit.

Alex.D. Fowler, for plaintiff in error.

Stewart & Galloway, for defendant in error.

CAMPBELL C.J.

Error is brought on a judgment rendered in the superior court of Detroit in favor of Margaret Burrows against John T. Gibson on what purports to be the finding of certain persons acting as arbitrators or referees.It is claimed the action of those persons was not had in such a way as to authorize the court to enforce it.

Two suits were pending between these parties in November, 1877.Gibson had a chancery proceeding in the Wayne circuit court to enforce a lien under a building contract and Mrs. Burrows had a suit in the superior court of Detroit against him for damages growing out of the same contract.

On the twelfth day of November, 1877, the two parties entered into a written agreement, entitled in the cause in the superior court, providing that the decision of three arbitrators, or a majority of them, should be entered, and judgment rendered thereon, with special agreement as to costs.The arbitrators were to be chosen, one by each party, and a third by the other two.They were to take the contract, allowing Gibson $165, the unpaid balance, and such sum as they should see fit for extras named, and then determine the damages sustained by Mrs. Burrows by non-performance of the contract according to its terms.It was expressly provided that they should hear no testimony, and should determine the whole matter by their own judgment, on personal inspection of the work, as compared with the contract.These are the important provisions.After the choice of arbitrators the suit in the Wayne circuit court was to be discontinued and the lien discharged.It was further declared that all matters not therein contained concerning the powers and duties of the arbitrators, should be left to their judgment and discretion, under the supervision of the judge of the superior court.

They found an award which declared a balance in favor of Mrs Burrows, derived from cross-allowances...