76 Iowa 187 | Iowa | 1888
— On the twenty-first day of December, 1885, the parties entered into an agreement in writing, by which they submitted certain matters in
It is to be presumed that Cockerill was chosen by the arbitrators named in the written submission. They alone had the authority to select him. By the terms of the submission he was not a mere umpire to decide questions upon which the other arbitrators might differ. He was to act with the others in hearing the evidence, the arguments of counsel, and making up the award. If any two of the three should agree as to the rights of the parties their award should be binding. But two of the three had no right nor authority to hear and determine the controversy without the aid of the
Reversed.