Fulmore
Fulmore v. McGeorge
Opinion
Lead Opinion
Vanclief, J.
This is a matter of arbitration between the parties, and the appeal is from an order of the superior court denying appellant’s motions to vacate or to modify the award.
The written agreement of the parties to submit to arbitration, wdiich had been entered as an order of the court, is as follows: —
The award contains an itemized statement of the partnership accounts, showing a balance in favor of Fulmore and against McGeorge, of $302.70, to secure the payment of which it is found that the former has a lien by pledge upon the latter’s interest in a specified portion of the partnership property. The award also contains a complete schedule of the existing partnership property, in which it is awarded that the parties are equally interested, subject to said lien upon McGeorge’s interest in a specified portion thereof. ■
1. It is contended for appellant that the award is too indefinite to be enforced.
Upon its face the award seems to be perfectly definite, to settle the partnership accounts, and to determine the respective rights of the parties as to all existing partnership property. Why it cannot be performed, if the parties are disposed to abide by it, is not perceived.