Sasseen, Whitaker & Co. v. Weakley & Warren
Sasseen, Whitaker & Co. v. Weakley & Warren
Opinion of the Court
Should the Court have granted a new trial in this case 2 The parties had selected the persons to whose decison they agreed to submit, and such decisions are favored by the Courts. “Awards are treated with great liberality. The parties make the arbitrators judges, and their judgment has much of the solemnity which attaches to the judgment of a Court of justice.” Crabtree vs. Green, 8 Ga. R., 19, 20. “A palpable mistake of law,” Code, seo. 2833; or an award, “ the result of accident or mistake, or the fraud of some one or all of the arbitrators or parties, or is otherwise illegal,” will be corrected. Code, sec. 4152. Is this award on any account “ illegal 2”
On the trial before the jury the Court charged that “in order to authorize a recovery by Weakley & Warren, they must show a substantial compliance on their part, by having sent cots substantially the same as the sample exhibited when the purchase was made.” This is admitted to be the law of the case; and we think that, under the evidence, the verdict was not only not against the charge of the Court,
Judgment affirmed.
Reference
- Full Case Name
- Sasseen, Whitaker & Co., in error v. Weakley & Warren, in error
- Cited By
- 2 cases
- Status
- Published