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1 Super. Ct. Jud. 27

Wiswall v. Hall

Massachusetts Supreme Judicial Court

Decided August 15, 1762

Massachusetts Supreme Judicial Court · decided 1762-08-15

PLAINTIFF and Defendant had formerly submitted Matters in Controversy to certain Referees, who had reported thereon. This Action was brought by Wiswall vs. Hall to recover the Costs upon that former Suit, for though the Referees had reported that they should bear the Costs between them, yet Wiswall alledged that it was upon a Promise of Hall to bear the whole Costs. (2) To verify this he offered the Referees as Evidence.

Decided 1762-08-15

¶1But

the Court

¶2ruled unanimously that they could not by parol Evidence controul the Report which was of Record. (3)

¶3(3) Arbitrators cannot by parol testimony contradict their formal award in writing. 10 Met. 433. 4 Cush. 317, 399.

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