Goodell v. Raymond
Goodell v. Raymond
Opinion of the Court
The opinion of the court was delivered by
This is a case where a parol award would be sufficient, although the submission was in writing. Marsh v. Packer, 20 Vt. 198.
But we see no objection to the correction of the mistake by the arbitrator. When arbitrators have once made and published their award, their powers are so far spent that they cannot revive them, so as to malee any amendments of the award, which could by possibility include the essential merits of the case, or in any way affect them.
The mistake corrected was purely a clerical omission of the word “dollars,” and its connection did not, and could not involve a reconsideration of the merits. . It is not even like a correction of an error
The defendant cannot well object to the arbitrator’s striking out the three dollars for his fees. If in so doing the arbitrator transcended his authority, the effect would be to leave the award three dollars larger than the judgment of the county court.
Judgment affirmed.
Reference
- Full Case Name
- Dan Goodell v. Ira Raymond
- Status
- Published
- Syllabus
- A parol award is sufficient whero the submission is in writing but does not require the award to be so. An arbitrator may correct a mistake in his award, which does nob affect or in any way involve a reconsideration of its merits. Ho may insert the word “ dollars” in the statement of the amount awarded whero its omission was merely clerical.