Citation Numbers: 64 Ga. 567
Judges: Warner
Filed Date: 2/15/1880
Status: Precedential
Modified Date: 1/12/2023
The plaintiff sued the defendant’s intestate to recover the sum of $1,800.00, which he claimed to be due him on an .award. On the trial of the case the jury, under the charge •of the court, found a verdict in favor of the defendant. A motion was made for a new trial on various grounds, which was overruled, and the plaintiff excepted. It appears from the evidence in the record that Mulligan and B. W. Keaton, by his agent, B. O. Keaton, submitted certain matters in dispute between them to the award.of arbitrators,a copy of which submission and award is as follows:
“State of Georgia — County of Early.'
“ Whereas, there is a certain matter of controversy between John B. Mulligan of the one part, and Benjamin W. Keaton of the other part, which is proposed to be submitted to arbitration in said county.
“Now, the said John B. Mulligan andBenj. W/Keaton, by his attorney in fact, Benj. O. Keaton, do hereby agree, promise and bind themselves, heiis and assigns, to abide and perform the award of the following named arbitrators and umpire, in the penal sum of twenty thousand dollars, to be collected out of either of said parties who may*569 refuse to abide by and perform their respective liabilities made in award of said arbitrators and umpire, should there be one.
“The arbitrators selected and agreed upon by tlie parties are tí-, W. Holmes and A. R. Ransome, of said county, who are authorized, should they fail to agree, to call in an umpire. The points submitted are, 1st, tlie said John B. Mulligan claims to have bought in good faith two thousand acres of land, more or less, with the stock of every description, and provisions of every description on said plantation in Early county, excepting a portion of household furniture, a carriage and two mules, for the sum of $12,000 in specie, which the said Keaton denies, but claims such sale was made by a representative to said Mulligan, that bis father advised such a sale. Subsequent to the sale, as claimed to have been made, both of the said parlies agreed, after a misunderstanding between them, to submit all the matters in controversy between them to arbitration
“Now, the said parties do agree and bind themselves as aforesaid, to submit all the matters in controversy between them, both the said purchase and sale, and services of said Mulligan as said Keaton’s agent prior to such trade.
“In witness whereof, both of the said parties have hereunto set their hands and seals this 19th day of February, 1866
“Signed, sealed and delivered in presence of G-. W. Holmes and A. R. Ransome.
John B. Mulligan,
Benj. O. Keaton.”
RETURN OF REFEREES.
“JohnB. Mulligan
vs.
“Benj. W. Keaton
“In the matter of controversy referred to us by the said parties, we have, after hearing evidence and a due consideration of the same, concluded and agreed that it is fair and equitable for B. W. Keaton to retain all the property, both real and personal, sold by him to John B. Mulligan, and that the said Keaton pay to said Mulligan the sum of eighteen hundred dollars in currency.
“This we have mutually agreed upon as our award between the said parlies.
“Witness our hands and seals this February 20th, 1866.
“Signed within the presence of
A. R. Ransome,
G-. W. Holmes.”
The defendant pleaded that he had offered to pay the plaintiff the $1,800.00, provided the plaintiff would comply with the award on his part, and return the property, or
Let the judgment of the court below be reversed.