Pick Industries Inc. v. Gebhard-Berghammer, Inc., GEBHARD-BERGHAMME
| Decision Date | 06 March 1953 |
| Docket Number | I,GEBHARD-BERGHAMME |
| Citation | 57 N.W.2d 519,262 Wis. 498 |
| Parties | PICK INDUSTRIES, Inc. v.nc. |
| Court | Wisconsin Supreme Court |
Houghton, Neelen & Bullinger, Milwaukee, Schloemer & Stoltz, West Bend, William Smith Malloy, Milwaukee, for appellant.
O'Meara & O'Meara, West Bend, for respondent.
Respondent Pick has filed a motion for rehearing. On due consideration we remain of the opinion that while the parties did not specify whether their arbitration was under the statute or at common law, the arbitration proceedings determine it to be statutory. The decision on the appeal therefore remains unchanged and the motion for rehearing must be denied.
Pick, however, has called it to our attention that our opinion states that submission of a controversy to arbitration works a discontinuance of a pending action at law unless the submission provides for a stay rather than a discontinuance citing Sohns v. Sloteman, 1893, 85 Wis. 113, 116, 55 N.W. 158, and we added that there was no such provision in the present case. Sec. XIII of the submission in fact recited:
'That the action pending in the Circuit Court of Washington County shall be dismissed without costs to either party upon the application of either party hereto after the Board of Arbitration has made its finding under paragraph h above.'
In the light of this provision our statement that the action was discontinued was wrong; it was stayed for a specified purpose pending a certain event. Pick submits that the parties wished to keep the action alive so that the statute of limitations would not run against the claim and counterclaim of the parties if the arbitration proved abortive. The provision does not affect the arbitration proceedings but we were wrong in stating that the original action at law was discontinued by reason of the submission.
Motion denied.
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...they are within the terms of the submission." Pick Industries, Inc. v. Gebhard-Berghammer, Inc., 262 Wis. 498, 503, 56 N.W.2d 97, 99, 57 N.W.2d 519 (1952).See also Reith v. Wynhoff, 28 Wis.2d 336, 343, 137 N.W.2d 33 (1965); Putterman v. Schmidt, 209 Wis. 442, 451, 245 N.W. 78 (1932); Koepke......
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...386.10 Sections 298.01 through 298.15, Stats. In Pick Industries, Inc. v. Gebhard-Berghammer, Inc. (1952), 262 Wis. 498, 56 N.W.2d 97, 57 N.W.2d 519, the parties had agreed to arbitration and after an award had been granted, Gebhard-Berghammer, Inc. moved the court to vacate the award and s......
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