Young

By the Court,

The action veas brought to recover for services rendered by the plaintiff, as arbitrator. Tie defendants and one Bring agreed to submit certain matters in difference between them to the decision of the plaintiff The agreement between the defendants and Bring contained, among other provisions, the following :—

Upon their subsequently refusing to pay, this action was brought to recover the value of the plaintiff’s services.

It is claimed by the defendants that their undertaking was void within the statute of frauds, because it was not in writing.

Tie are inclined to look upon the promise of the defendants as an original undertaking, and consequently not within the statute of frauds. The ^hnntiff was under no obligation to deliver the award, until he received a compensation for his services as arbitrator, and the promise of the defendants to pay hitn, in case he would deliver it, was supported by a valid consideration. The undertaking was to pay for the services of the plaintiff a reasonable compensation in case the plaintiff would part with a right which he then had.

But it is not necessary to put the case upon this ground. The plaintiff was neither party nor…