Riccomini

Defendant appeals from a judgment entered upon the award of three arbitrators appointed by the parties pursuant to a stipulation made by them in open court.

Following the dissolution, by mutual consent, of a co-partnership that had existed between plaintiff and defendant, this action was brought for "an accounting. Plaintiff and defendant had married sisters. For the purpose of avoiding such additional intensification of family discord as might be engendered by a continuation of their litigation in court, the parties, when the case was called for trial, entered into a stipulation Avhereby they agreed that each should appoint an arbitrator; that the two arbitrators so chosen should appoint a third; that in the event that the two to be selected by the parties should not be able to agree upon the third arbitrator, he should be appointed by the court; that any two of the arbitrators might make the award; and that, when the award should be made, the court should enter its judgment thereon. Pursuant to this stipulation, plaintiff selected an arbitrator, defendant selected one, and these íavo appointed the third, E. Toschi. Thereafter the three arbitrators met, informed the parties of…