40 Iowa 508 | Iowa | 1875
The original matters in controversy between the parties grew out of the leasing of a sheep farm and the dealings connected with it, extending from April, 1858, to April,
The evidence fails to satisfy us that the arbitrators did allow both the thousand dollars and the six hundred. Two of the three arbitrators testify in this case; one thinks the defendants claimed a credit for the amount that was indorsed on the lease, while the other thinks that defendants claimed a credit for some amount by reason of the. indorsement on the lease, but cannot tell the amount, nor say that it was a thousand dollars. But it appears from the aggregate amount of the debits and credits, as claimed here by the plaintiffs in their testimony, that there could not have been a mistake by the arbitrators to the extent of six hundred dollars. The evidence-in this case does not disclose, even in a remote degree, the
The arbitrators were not sworn, but this was expressly waived. The award, being in favor of Lebbeas Clark, was sufficient, since he fully represented his sons and surety, the other parties.
AFFIRMED.