Fletcher

The appellant, a corporation, and the respondent, a contractor, having certain differences about a building contract between the parties, did, on April 15, 1891, enter into a written agreement by which they submitted said differences to arbitration. By the submission the arbitrators were to determine certain enumerated issues, and were to find what, if any, balance of money was due from appellant to respondent; and it was stipulated therein “that the award to be made by said arbitrators, or a majority of them, they all being *208 present, shall in all things by us and each of us be well and faithfully kept and observed.” The submission also contained this clause: “And it is hereby agreed that the submission to arbitration may be entered as an order of the superior court of the city and county of San Francisco, state of California, at any time.” On April 23, 1891, the arbitrators made their written award by which they passed on all the issues submitted to them, and found that appellant owed respondent $7,453.30; and the award was, on said April 23d, filed with the clerk of said court. Afterwards, on Hay 7, 1891, the board of trustees of appellant passed a resolution by which it was…