M. S. Kelliher Co. v. Town of Wakefield
| Decision Date | 08 January 1964 |
| Citation | 346 Mass. 645,195 N.E.2d 330 |
| Parties | M. S. KELLIHER COMPANY v. TOWN OF WAKEFIELD. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Francis W. Marks, Boston, for plaintiff.
Mario Misci, Boston, for defendant.
Before WILKINS, C. J., and SPALDING, WHITTEMORE, CUTTER and SPIEGEL, JJ.
The plaintiff and the defendant entered into a written contract dated August 19, 1959, for the construction of a school in the town of Wakefield. The architect denied the plaintiff's claim. The dispute was referred to arbitration and the plaintiff was awarded the sum of $11,721.25.
After the award was filed in the Superior Court the plaintiff presented a motion to confirm the award and to enter judgment thereon. The defendant presented a motion to set aside the award, contending that it was beyond the authority of the arbitrators to make.
The defendant contended that the court should hear evidence in suppot of its motion but the judge ruled that he would not hear any evidence. Since no exception was taken to this ruling, it need not concern us. The facts set forth above were established by statements of counsel. The judge entered an order amending the proceedings into an action of law, ordering the entry of judgment upon the award, and denying the motion to set aside the award. To this order the defendant excepted. The defendant also appealed but there is no need to deal with the appeal, for all the questions which the defendant seeks to raise are brought here by the exceptions. The appeal, therefore, is dismissed.
Article 39 of the contract provides:
Article 40 of the contract provides: 'All disputes, claims or questions subject to arbitration under this contract shall be submitted to arbitration in...
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...acted in excess of the authority conferred by the agreement is always open for judicial review. M. S. Kelliher Co. v. Town of Wakefield, 346 Mass. 645, 195 N.E.2d 330 (1964). It was open to Maine Central to appear at arbitration and urge that no decision be rendered; that the issues involve......
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