The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 454
xiv, 992 p. ; 23 cm.View a full description of this legislative document.
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256 FEDERAL REPORTERR
mum quantity of 1,700 bales of linters of an average weight of 475 pounds per
bale, or 807,500 pounds at three cents (3c) per pound.
"There is no evidence presented to the committee as to the quantity actual-
ly delivered, but this is known to buyer and seller, and deducting this quan-
tity from the 807,500 pounds will give the pounds still due, and the purchase
of the N. P. Sloan Co. against the deficiency claimed establishing the price, the
Standard Chemical & Oil Co. should pay the N. P. Sloan Co. an amount equal
this deficient number of pounds, at the price delivered New York, less the
freight from Troy, Ala., and the contract price.
"Costs of this arbitration to be paid by the N. P. Sloan Co. and included in
their claim against the Standard Chemical & Oil Co.
"P. G. Claiborne, Chairman.
"J. W. Allison.
"W. F. Pendleton.
"J. S. Le Clercq."
The following is a copy of count 6:
"Count 6. For count 6 the plaintiff adopts all of count 5 as amended, and
makes it a part hereof as if fully set out herein, and avers that rule 38 of the
Interstate Cotton Seed Crushers' Association provides that all transactions-
between members of this association as to cotton seed products shall be gov-
erned by the rules of the association and that contracts between members
shall be subject to all rules of the association."
The demururer to the two counts above set out was on the ground
stated in the opinion.
John London and Geo. W. Yancey, both of Birmingham, Ala., for
plaintiff in error.
Fred S. Ball and Edmund R. Beckwith, both of Montgomery, Ala.,
for defendant in error.
Before WALKER and BATTS, Circuit Judges, and EVANS, Dis-
trict Judge.
WALKER, Circuit Judge (after stating the facts as above). The
only ground stated in the demurrers to counts 5 and 6 of the com-
plaint as amended was that-
"The alleged award therein counted on is null and void, because the alleged
agreement to refer said matters to said arbitration was null and void as an
attempt to oust the jurisdiction of the courts."
That demurrer raised no question of the sufficiency of the allegations
of the complaint as to the existence of a difference or dispute between
the parties or as to the submission by them of that dispute or differ-
ence to the committee mentioned for arbitration. Nor did the demur-
rer question the sufficiency or validity of the alleged award upon any
ground other than that the alleged arbitration agreement was legally
invalid, with the result that any award made in pursuance of it is with-
out binding or enforceable effect.
It may be assumed that the pleaded arbitration agreement was not
a binding or enforceable one, and that its existence prior to the award
constituted no obstacle to a resort to the courts by either of the par-
ties to it for the settlement of any difference or dispute arising be-
tween them. Though a submission to arbitration in pursuance of the
agreement was revocable at any time before the making of an award,
it does not follow that an award made under an unrevoked submission
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/468/: accessed April 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.