54 Ala. 78 | Ala. | 1875
The appellant commenced suit against the appellee, by attachment, for the recovery of the rent of land. To a complaint claiming eight hundred and eighty dollars, as due January 1st, 1872, for the rent of land for 1871, the appellee pleaded in short by consent, “ arbitrated and settled by award, and award performed.” On this plea a trial was had. To sustain it, the appellee offered in evidence a submission in writing, executed by him and appellant, reciting the suing out of the attachment, returnable to the next term of the circuit court of Lauderdale county, “ for the sum of eight hundred and eighty dollars for rent due for the year 1871,” and the levy of the attachment, and that “ both parties are anxious and willing to settle all matters of difference growing out of said suit.” The submission further recites the agreement of the parties “ to submit said matter to .three arbitrators, one to be selected by each party, and the two arbitrators, so selected,' to choose the third, whose decision when rendered shall be entered up as the judgment of the court, and shall be a final settlement of all matters of
The only material inquiry is, whether it appears the award does not conform to the submission — whether the arbitrators have exceeded their authority, and rendered an award on matters not submitted to them, or have so far neglected to consider and determine the matters which were submitted, that the award cannot be regarded as embracing and adjusting them. It is evident, the controversy between the parties, was, as to the liability of the appellee to the appellant, for rent; and the right of the appellee to set-off against, or recoup from such liability, a demand he preferred for improvements made on the rented premises; and the amounts of these several claims. Whatever may have been the ancient rule, awards are now liberally construed — no intendments are made against them, and if the contrary does not appear, they are presumed to have been made, “ of and upon the premises,” of all that is referred.' — Strong v. Beroujon, 18 Ala. 168; Watson on Arbitration, 111. The adjustment of controversies, whether they have or not assumed the form of pending suits, by arbitration, has always been much favored by legislation and judicial decisions in this State. The
It is insisted, however, the arbitrators exceeded their authority, in considering and determining upon a supposed, but unexecuted sale of the land. The award bears no evidence that any such matter was considered and determined, and no such matter can be concluded by it. All that it determines and concludes, so far as is shown by it, when read in connection with the submission, is the matters of difference to which we have referred. If the arbitrators considered the sale of the land, and that was extraneous to the matter submitted, and so affected the award as to vitiate it, these were facts to be shown by evidence, extrinsic to the award. Whether such facts were proved, it was the province of the jury to determine, under proper instructions from the court. The court could not determine them, and refuse to receive the award as evidence, or exclude it after it had been admitted.
The award is also assailed because of the misconduct of one of the arbitrators. Such misconduct, if it existed, does not appear otherwise than by evidence separate from the award. It could not therefore furnish ground for an objection to the admissibility of the award, or for its exclusion, after having been admitted. Whether it was shown, was matter of fact for the jury under proper instructions from the court.
The award not appearing on its face when read in connection with the submission, to have departed from the sub
Tbe judgment is affirmed.