3 D.C. 294
Decided May 15, 1828
Debt for $200, the penalty of an arbitration-bond to abide by the award “ of Jacob Paine and Samuel Boucher, and a third person to be chosen or agreed upon by them, in case they should' not agree upon an award, or any two of them.” objected that the award, which was signed and sealed by the three arbitrators, did not state why it was made by three when only two were named in the bond; and that there was no written evidence of the appointment of Frederick Perley, the third…
Decided 1828-05-15
¶1The Court (nem. con.) overruled the objections, saying that it was not necessary that the appointment of Perley, by the two other arbitrators should be in writing; nor that the award should state that the two had disagreed before they appointed Perley. These facts may be proved by parol.
¶2Verdict and judgment for the plaintiff.