33 Pa. Super. 51 | Pa. Super. Ct. | 1907
Opinion by
The appeal in this case presents a single question: is the decision of the arbitrator choseil by the parties to the contract declared upon conclusive' as to disputes arising between them ? The contract contained the following provision : “ It is further agreed and understood between the parties hereto, that all questions which may arise under this contract between Thomas McNally, and the Montour railroad shall be referred to the chief engineer of said Montour railroad whose decision therein shall be final and conclusive.” A dispute arose under the following clause of the contract:
“ The sum of sixty-one (61c) cents per cubic yard for excavation in ‘ Through Cut,’ placed in embankment at * Shop Location,’ or as otherwise instructed. T. McN.
“ The sum of thirty-nine (39c) cents per cubic yard (additional) for separating, quarrying and delivering two-man stone in ‘ Through Cut ’ to ‘ Shop Location,’ or as otherwise instructed. T. McN.” The plaintiff claimed the additional compensation of thirty-nine cents per cubic yard for the removal of all the rock in the cut. The arbitrator held that this claim was not within the terms of the contract for the reason that the plaintiff’s proposal was for sixty-one cents per cubic yard unclassified and the claim for additional compensation was rejected. Since the decision in Monongahela Navigation Company v. Fenlon, 4 W. & S. 205, the doctrine has been strictly adhered to that when parties to an executory contract agree that any dispute which may arise between them on the subject of the contract shall be referred to and determined by a person named as arbitrator, whose decision is made final, no action can be maintained by one of'the parties against the other for a breach of the contract. The controversy between the plaintiff and defendant grew directly out of the contract and is covered by its express terms. It was, therefore, within the jurisdiction of the arbitrator and this included the deter
The judgment is, therefore, affirmed.