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DAMON & FOSTER v. BERGER. (11/11/59)

November 11, 1959

DAMON & FOSTER, APPELLANT,
v.
BERGER.



Appeal, No. 311, Oct. T., 1959, from order of Municipal Court of Philadelphia County, Dec. T., 1957, No. 2919, in case of H. Gilroy Damon et al. v. David Berger. Appeal quashed.

COUNSEL

A. Samuel Buchman, for appellant.

Ronald N. Rutenberg, with him Harry A. Rutenberg, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).

Author: Rhodes

[ 191 Pa. Super. Page 166]

OPINION BY RHODES, P.J.

This is an appeal from an order of the Municipal Court of Philadelphia striking an award of a board of arbitrators from the record because it was filed more than twenty days after the hearing. The arbitration was had under the provisions of the Act of June 16, 1836,*fn1 P.L. 715, as amended, 5 PS ยง 21 et seq., commonly referred to as Compulsory Arbitration.

The plaintiffs instituted an action in assumpsit on December 24, 1957, to recover $810 from the defendant for work performed under an oral contract to survey

[ 191 Pa. Super. Page 167]

    and plot certain parcels of land owned by the defendant in Ridley Park Borough. Defendant answered denying that he had entered into any contract with the plaintiffs and averring that the survey, if made, was for an independent contractor who was erecting dwellings on the land. On January 20, 1959, a board of arbitrators held a hearing and made an award in favor of the plaintiffs in the sum of $1,012.77, including interest to the date of the hearing. The award was not filed, however, until February 27, 1959, at which time copies were also mailed to the parties. The defendant filed exceptions alleging that the arbitrators had misbehaved themselves in the conduct of the case in not filing the award within twenty days after the hearing.*fn2 The court below concluded that the failure to file the award within twenty days from the date of hearing did not constitute misconduct or misbehavior on the part of the arbitrators and dismissed the exceptions.

Nevertheless, the court on its own motion struck the award for error appearing on the face of the record because of the board's noncompliance with the filing provision of its local rule. This appeal followed.

Local court Rule IV A provides: "... within twenty (20) days after the hearing the Board of Arbitrators ...


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