Mosher

Plaintiff brought this action for damages alleged to have been suffered by reason of the refusal and failure of the defendant to purchase certain personal property, the furniture of an apartment house, according to the terms of a written agreement, which provided that the price therefor should be determined by arbitration. Judgment was accorded to plaintiff and the defendant has appealed.

[1] It was alleged in the complaint, and the court found, that it was the agreement of the parties relating to the purchase and sale of the furniture that, if the parties could not agree upon the price, that said price should be determined by “arbitration in the usual mode,” each of said parties selecting one arbitrator, and these two securing a third, the decision of any two to be decisive as to the price to be paid, which was to be the reasonable value of the furniture at the time of the sale. The contract also provided that should the defendant not exercise her option to purchase the furniture the plaintiff might require her to do so, and if they could not agree upon the value at that time, it should be “forthwith determined by arbitration as aforesaid,” referring back to the former…