Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 218 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...arbitrators to change the terms of the submission or to determine any matter not therein contained. Their sole authority is the contract of submission. If the award is broader or narrower than the submission, the whole award is void. This seems to be the settled law of this.State. (McDonald 1: . Bacon, 3 Scam. 428; Buntain 1). Curtis, 27 Ill. 374, 377; Alfred v. Kantcakee cfi S. W. R. Co., 92 I11. 609, 611; Snead zfi C0. Iron Works 1). Merchants Loan ce Trust Jones v. Bishop, 218 Ill. App. 318. Co., 225 I11. 442, 454; Clark 1). Cou-rter, 280 I11. 590, 604.) Under section 6 of the arbitration agreement in the present case the arbitrators were asked to first determine, in substance, whether any false representations had been made by Ahlgren or his agents as to rent payments by Duffy and Patterson, and, if they so found, to secondly determine to what extent Mrs. Jones had been damaged thereby, and to render an award for the amount so found. As we construe this submission it means that the arbitrators were to determine what damages, if any, Mrs. Jones had sustained up to the time of the submission, July 14, 1916. But in the award as rendered, Ahlgren was charged. as damages, for the entire rent of the premises at $225 per month, as stipulated in the Duffy and Patterson lease, from March 1, 1916, up to and including September 30, 191.9, or $9,675, less $100 received by Mrs. Jones for rent of the premises for the month of December, 1916, or the net sum of $9,575. And it is stated in the award, made in December, 1916, that this $100 was received upon a month to month tenancy beginning December 1, 1916, for an indefinite period. It thus appears that the two arbitrators, i11 fixing the amount of the award, made no...