Buck, Kiaer & Co. v. Hartmann & Co.

Headnote

Arbitration — contract of sale — order directing arbitration modified by striking out portion appointing arbitrator and reference to samples and by providing that arbitration proceed before arbitrators appointed in accordance with contract.

Matter of Buck, Kiaer & Co., Inc., v. Hartmann & Co., Inc., 216 App. Div. 751 , modified.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1926, which modified and affirmed as modified an order of Special Term directing arbitration and appointing an arbitrator to hear and determine certain disputes arising under a contract of sale of wood pulp which provided that disputes as to quality should be settled by arbitrators, one to' be appointed by each party and they to select an umpire.

Order of Appellate Division modified by striking out that portion thereof appointing Alexander Rose arbitrator to hear and determine the matters and things set forth under the letters “ A,” “ B,” “ C ” and “ D ” in the

notice of motion herein and by striking out the reference made in said items “ A,” “ B ” and “ C ” to samples submitted by Wm. Hartmann & Co., Inc., prior to the making of the contract referred to in the petition, and by providing that the arbitrators appointed by the parties proceed to determine the matters and things set forth under letters “ A,” “ B,” “ C ” and “ D ” in the said notice of motion as so modified, appointing an umpire before proceeding with the hearing, and as so modified affirmed, without costs to either party;