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WEISS v. ZERMAN REALTY AND CONSTRUCTION COMPANY (03/20/69)

decided: March 20, 1969.

WEISS
v.
ZERMAN REALTY AND CONSTRUCTION COMPANY, INC. (ET AL., APPELLANT)



Appeal from order of County Court of Philadelphia, June T., 1968, No. 4648-C, in case of Edward Weiss et ux. v. Zerman Realty and Construction Co., Inc. et al.

COUNSEL

Ernest R. Zerman, appellant, in propria persona.

Louis Kattelman, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 214 Pa. Super. Page 181]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from the entry of summary judgment pursuant to Pennsylvania Rule of Civil Procedure No. 1035.

Appellees brought an action in assumpsit in the County Court of Philadelphia to enforce an arbitrator's award. The complaint alleged that the parties hereto entered into an Agreement of Sale under which ". . . either party may initiate proceedings before the American Arbitration Association to resolve any outstanding conflicts herein or with regard to the said Agreement of Sale . . . and the parties agreed to be bound thereby . . ." Disputes arose over the workmanship in the premises which were the subject of the agreement and appellees submitted the dispute to arbitration. At a hearing the arbitrator awarded appellees $1133.00 which defendants have refused to pay, together with interest running from the date of the arbitration award. Cf. Smith v. Safeguard Mutual Insurance Company, 212 Pa. Superior Ct. 83, 239 A.2d 824 (1968).

Appellant's answer maintained that he should not be bound by the arbitrator's award because the arbitration "hearing was ...


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