Porter

Appellant and respondent entered into an agreement in writing on April 30, 1924, submitting to arbitrators certain controversies then existing between them. The agreement of submission provided that it should be entered as an order of the superior court in accordance with section 1283 of the Code of Civil Procedure, and that it should be filed before the arbitrators entered upon the performance of their duties. The agreement contained the following provision: “It is hereby mutually agreed that the award hereunder shall be made by said arbitrators at any time on or before the 15th day of May, 1924, or on or before any other day to which the parties hereto shall, by writing, endorse on this submission, from time to time enlarge the time for making the award, and it is hereby agreed that in the event said award is not made within the time that may be agreed upon, it shall be deemed that this submission shall have failed and the same shall be at an end, and the second party may proceed, as hereinafter specified, with the prosecution of such actions as have already been started, or such action as may hereafter be started in connection with said controversies.” The time limit ivas later…