Beckett

Beckett v. Kaynar Manufacturing Co.

Caution
49 Cal. 2d 695·321 P.2d 749
Supreme Court of CaliforniaFebruary 14, 1958L. A. 24454California1,603 words

Opinion

Opinion

McCOMB, J.

Kaynar Mfg. Co., Inc., appeals from a judgment entered upon an order confirming an award of arbitrators.

Chronology

(i) August 5, 1955, an agreement of employment was executed by the parties whereby appellant hired respondent, an architect, to design a factory building. Thereafter, work was undertaken by respondent pursuant to the terms of the contract and was continued until November 1955, when appellant cancelled the contract.

(ii) January 17, 1956, a controversy having arisen, three arbitrators were appointed pursuant to paragraph 21 of the agreement and in accordance with the provisions of rule IV of the Commercial Arbitration Rules of the American Arbitration Association.

(iii) Arbitration hearings were held on March 15, March 28, and April 3, 1956. The matter was then submitted, with written briefs later filed by each party.

(iv) June 25, 1956, both parties consented to an extension of time as requested by the board of arbitrators in which they could make their award.

(v) July 12, 1956, the arbitrators rendered their award “in full settlement of all claims submitted” in favor of respondent and against appellant in the sum of $5,809.38. The arbitrators specifically…

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