¶1The arbitrators were authorized, by the submission, to decide upon the amount to be paid to the plaintiff for the *237furniture, stock and fixtures in the hotel, and all other matters of dispute between the parties. The award finds that “ the valuation of the furniture, fixtures and good will of the property in question” is $3759,77. It does not appear that the good will was in dispute between the parties. The answer does not conform to the submission. It fails to determine the value of the stock which was embraced in the submission, and includes in the gross valuation fixed the value of the good will which was not referred to the arbitrators. As they have exceeded their authority, and the award is indivisible, it is therefore invalid. Culver v. Ashley, 17 Pick. 98. It is not necessary to consider the other objections made to the award. Demurrer sustained.
105 Mass. 236
Camp v. Sessions
Massachusetts Supreme Judicial Court
Decided October 15, 1870
Massachusetts Supreme Judicial Court · decided 1870-10-15
Contract on an award made by arbitrators between the plaintiff and the defendant. Writ dated September 27, 1869.
Good law ✅— No negative treatment on recordhow we know
Decided 1870-10-15
How this case has been cited
Cited by 3 later decisions — most recently April 1946
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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