Starr v. McNeal
Supreme Court of Pennsylvania
Starr v. McNeal, 253 Pa. 98 (Pa. 1916)
97 A. 943; 1916 Pa. LEXIS 790
Brown, Frazer, Mestrezat, Potter, Walling
Starr v. McNeal
Opinion of the Court
This action is upon an award of an arbitrator under a common law submission. The terms of submission, signed by the appellant, are plain and unambiguous, and, as the arbitrator clearly acted within the scope of the authority committed to him, his award is “with no right of appeal” in the appellant. The averments in his affidavit of defense are unavailing to defeat the appellee’s right to recover. The judgment is, therefore, affirmed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Contracts — Arbitration agreements — Awa/rd—Assumpsit — Affidavits of defense — Insufficient averments. In an action upon an award of an arbitrator rendered under a submission, the terms of which provided that the parties should have no right of appeal, an affidavit of defense was insufficient to prevent judgment which alleged that defendant did not intend to be bound individually, where it appeared that he' signed the submis- • sion individually and also as president of a company, and that the arbitrator acted erroneously, in the absence of. any precise averment of some misconduct on the part of the arbitrator which would be an abuse of his authority or some gross and palpable error in law which would vitiate his judgment.