Kesler v. Kerns

1 Citing case

  1. Pass v. Critcher

    17 S.E. 9 (N.C. 1893)   Cited 4 times

    Roget's Thesaurus, in like manner, gives as synonyms of "abide by," "meet, fulfill, carry out, carry into execution, execute, perform, satisfy, discharge." In Kesler v. Kerns, 50 N.C. 191, where the agreement to arbitrate contained the words, "the decision shall be binding," the defendant contended, as in this case, that this was an obligation to submit to arbitration, and not to perform the award; but this Court (Pearson, J.) held that it was an obligation to perform the award. In Thomson v. Deans, 59 N.C. 22, where the agreement was to "abide by such lines" as the arbitrators might decide upon, the court decreed specific performance by the execution of deeds of release up to such lines.