English v. Wilmerding Borough School District

Supreme Court of Pennsylvania November 12, 1894

English v. Wilmerding Borough School District, 165 Pa. 21 (Pa. 1894)

30 A. 506; 1894 Pa. LEXIS 919

Dean, Fell, Green, Mitchell, Williams

Opinion of the Court

Per Curiam,

Although this case appears to be one of much hardship to the defendant, we do not see how we can grant any relief. The rule so carefully and thoroughly considered and enforced in Hostetter v. City of Pittsburg, 107 Pa. 419, is directly applicable to the case and controls it. That rule is too useful and valuable to our system of jurisprudence to be frittered away in particular cases in order that special hardships may be pre*24vented. The question of payments was clearly within the cog-1 nizance of the arbitrator, and by the express terms of the contract both parties were conclusively bound by his decision.

Judgment affirmed.

Reference

Full Case Name: Daniel English v. Wilmerding Borough School District
Cited By: 4 cases
Status: Published
Syllabus: Arbitration—Conclusiveness of award—Evidence—Contract. Where a contract contains a stipulation that all questions in dispute arising thereunder shall be submitted to an arbitrator for final decision, the award of the arbitrator is final if no fraud has been practiced upon or by him. A mistake of one of the parties in not submitting to the arbitrator all of the evidence as to payments which he had in his possession, is not sufficient to justify the court in permitting a defence to the amount of such payments, in a suit upon the award.