Thornton v. McCormick
Decision Date | 02 October 1888 |
Citation | 39 N.W. 502,75 Iowa 285 |
Parties | THORNTON v. MCCORMICK. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Palo Alto county; GEORGE H. CARR, Judge.
On the 22d day of January, 1886, the defendant leased to plaintiff a farm in Palo Alto county for the term of five years, commencing on the 1st day of March, 1886, and also a quantity of personal property, consisting in part of agricultural implements, stock, hay, and grain. On the 7th day of June, 1887, these parties entered into an agreement, the parts of which material to a determination of this case are as follows: The arbitrators rendered their award in writing on the 21st day of June, 1887, and thereby determined that defendant should pay to plaintiff $149.47, and that certain stock and poultry should be divided according to a plan therein specified. It appears that the property was divided according to the award. This action is brought to recover the amount of recovery named in the award, and eight dollars, alleged to be due the plaintiff in a division of cattle, made pursuant to the award. The defendant set up an equitable defense in his answer, and asks that the award be set aside, and that the court examine the claims and demands of the parties, and make such settlement as shall be equitable, and render judgment accordingly. A demurrer to the answer was sustained. The defendant electing to stand on his answer, judgment was rendered in favor of plaintiff for $151.50 and costs. Defendant appeals.Soper & Allen, for appellant.
Clarke & Call, for appellee.
ROBINSON, J., ( after stating the facts as above.)
The agreement to arbitrate in terms provided for the settlement of all matters of difference between the parties, but did not authorize the enforcement of the award, which should be made by the judgment of a court. The award in question was not made in accordance with the provisions of the statute relating to arbitration, and is not, therefore, governed by them, but its legality and effect must be determined by the rules relating to awards at common law. McKinnis v. Freeman, 38 Iowa, 366;Burroughs v. David, 7 Iowa, 159.
1. It is insisted by appellant ...
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Burkland v. Johnson
... ... waived the failure of the arbitrators to state the ... conclusions of fact and law found by them. (Thornton v ... McCormick, 39 N.W. 502; Miller v. Brumbaugh, 7 ... Kan. 343; Phillips v. Couch, 66 Mo. 219; Culver ... v. Ashley, 36 Mass. 300; Cogswell v ... ...
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Burkland v. Johnson
...and, by his conduct, he has waived the failure of the arbitrators to state the conclusions of fact and law found by them. Thornton v. McCormick (Iowa) 39 N. W. 502;Miller v. Brumbaugh, 7 Kan. 343;Phillips v. Couch, 66 Mo. 219;Culver v. Ashley, 19 Pick. 300;Cogswell v. Cameron, 136 Mass. 510......
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