Appeal, No. 151, Jan. T., 1962, from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1961, No. 3389, in case of Glenn F. Ulansey v. Juniata Park Medical Center, Inc. Order reversed.
Bernard N. Katz, with him Meranze, Katz & Spear, for appellant.
Martin A. Ostrow, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
OPINION BY MR. CHIEF JUSTICE BELL
On April 9, 1956, plaintiff-appellant, Glenn F. Ulansey, a Doctor of Osteopathy, and defendant, Juniata Park Medical Center, Inc., entered into an agreement whereby plaintiff was engaged as the director of defendant's Department of Physical Medicine. Thereafter, a dispute arose between the parties as to the amount of money owed to plaintiff by defendant under the aforesaid agreement. The agreement contains a
provision*fn1 requiring submission of all disputes concerning the construction or performance of the agreement to arbitration.
The dispute was referred to a panel of three arbitrators. After hearing evidence and arguments by both parties, the Board of Arbitration unanimously rendered a decision on July 20, 1961. It found defendant was indebted to plaintiff in the amount of $13,146.45 and directed defendant to make payment. Defendant refused to honor or abide by the award. Accordingly, plaintiff filed a Petition and Rule in the Court of Common Pleas of Philadelphia County to confirm the award and enter judgment pursuant to the provisions of § 9 of the Act of April 25, 1927.*fn2 Defendant filed an Answer and also a Motion to Modify, Correct or Resubmit the matter to the Board of Arbitrators. Defendant's sole basis for refusing to honor the award was its contention that the Board had improperly excluded from evidence a letter dated May 26, 1960, and signed by its president, and that such exclusion constituted prejudicial error.
The case was heard before Court of Common Pleas No. 4 which filed an Order directing resubmission of the matter to the Board of Arbitrators for the purpose
of hearing "legally competent evidence of the matters mentioned in the letter of May 26, 1960." Following the refusal of plaintiff's ...