108 Ky. 120 | Ky. Ct. App. | 1900
Opinion op the court by
Affirming.
Tyler & Apperson are a firm of lawyers, and had' rendered professional services for George G. Hamilton and J. Carroll Hamilton, etc., and to them as executors of the will of H. Worthington. Disagreeing as to the value of the services, the parties agreed in writing to submit the matters at issue to John G. Winn, as sole arbitrator, for settlement and determination. Tyler & Apperson gave the Hamiltons notice that they would not submit the questions to the arbitrator under the agreement, and thereupon the appellees instituted an action in the Franklin Circuit Court, in which it was averred, among other things, that Tyler & Apperson were threatening to institute suits against them on the claims which, by agreement, were to be submitted to arbitration, and in which action they obtained an injunction restraining them from instituting such suits. Upon hearing, the injunction was dissolved; not because such a contract had not been entered into, but on the ground that one party to an agreement to arbitrate may at will, and with or without reason or excuse, break it. This is an action upon the injunction bond executed in that case, and the plaintiffs seek to recover $500, which they allege they agreed and bound themselves to pay their counsel for legal services in procuring the dissolution of the injunction, and $54.11 for typewriting, hotel bills, and traveling expenses, etc., being expenses other than actual costs in court.