Page:Federal Reporter, 1st Series, Volume 1.djvu/259

PEICK V. CHRISTIAN 00. 251 �Demurrer to bill to set aside award. The facts set forîh in the bill, and in the amendments thereto, are substantially as follows : On April 20, 1867, the complainant entered into a contract with certain commissioners, appointed by the county court of Christian county, for the erection of a court-house for the sum of $53,413. Complainant began the construc- tion of the building and pursued it for about a year, when complaints were made with regard to the poor quality of the ■work, and complainant also made a counter claim for extra work perf ormed outside of the contract. It was finally agreed to submit the whole matter to an arbitrator, and, on the twenty-second of October, 1868, the complainant and the commissioners, acting apparently without authority, agreed that one Shryock, an experienced arohitect of Louisville, should arbitrate and settle ail matters of dispute between them, taking the contract, deciding what deduction should be made for defective and imperfect work and bad materials, and also what Frick should have for the extra work, and determine what should be paid him over and above the contract priee. �On November 3d tùe arbitrator made his award, declaring that the contractors should rebuild certain portions of the court- house, and that complainant was entitled to receive for his extra work the sumof $23,189.30 over and above the contract priee. The bill f urther alleges that in making this award the arbitrator mistook the amount of extra work done, the mate- rials furnished, and the price that was agreed to be paid to the complainant therefor; and also made a mistake in meas- uring the extra eut stone-work constructed by him ; and after- wards, having discovered these mistakes, attempted to cor- rect the same and make an amended award, which, it is con- ceded, he had no authority to do, whereby he awarded to the complainant the further sum of $4,186.28, this award being dated October 3, 1870. The county appears to have paid the complainant the amount originally awarded to him by the arbitrator, and the complainant to have received it, but the county refused to pay the amount allowed in the amended award, or to have anything whatever to do with it further. ��� �