Talmadge

It is alleged in the complaint in this case that in April, 1892, the plaintiff and defendant entered into a written agreement, which is set out in full, and the material parts of which are as follows: "Whereas, the Arrowhead Reservoir Company, a corporation organized and existing under the laws of the state of Kentucky, and doing business in the county of San Bernardino, state of California, is desirous of purchasing from F. L. Talmadge” the east half of a certain sixteenth section of land in San Bernardino county; and “whereas, said parties cannot agree among themselves as to the exact amount to be paid and received for said premises: Now, therefore, we, the undersigned, .... do hereby submit said controversy to the arbitrament of” five men, two chosen by each of the parties named, and one to be chosen by the said four, “ and we do mutually covenant, promise, and agree, to and with each other, that the award to be made by said arbitrators, or a majority of them, shall in all things by us, and each of us, be well and faithfully kept and observed, and that said arbitrators shall fix the amount or value of said premises, .... which said amount said Arrowhead Reservoir Company…