Buck v. Wadsworth

The words of the bond made, it a condition, that the award should be ready for delivery on or before the first of June, to Wadsworth, as well las Buck. It was ready for delivery to the latter, but- not to the former. The arbitrators did not even suppose an award was necessary for Wadsworth, and they accordingly never signed a counterpart. Even if Goff had the power, he did nothing which can be construed into a waiver of the right to insist on the delivery of an award to his principal. The only method by which an award made under the condition of a bond, such as this, can be rendered binding, is by the arbitrators executing and delivering two parts, unless the party shall expressly discharge them of that necessity; as, by telling them they need make no counterpart, for he will not receive it; or, as in Sellick v. Addams, (15 John. R. 197,) accepting sworn copies, in lieu-of the original, without objection.(a) In short, nothing like a waiver exists in this caseand without that, it *323is entirely settled that the award is a nullity, for want of its being ready within the terms of the condition. (Pratt v. Hackett, 6 John. R. 14.)

Motion granted.(b)