Eastman v. Armstrong

26 Ill. 216 | Ill. | 1861

Breese, J.

The evidence shows very "conclusively, that there was a mutual abandonment of the award before suit brought, which brings this case within the rule in Burnside v. Potts, 23 Ill. 415.

We held there, that parties might agree to abandon an award, and by so doing, they are necessarily remitted to their original rights. That case is decisive of this. The judgment is reversed, and the cause remanded.

Judgment reversed.