Scottish Court of Session Decisions

Subject_1 ARBITRATION.

Caption John Gardner
v.
Brown and Colvill

Date: 10 July 1741
Case No. No. 6.

Verbal submission.

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Captain Gardner having a controversy with Brown of Cairnton and Colvill of Brunton, by a missive to Brown proposed refering it to Lord Balmerino; and Brown, by his answer, agreed, and said that Colvill did so likewise, but there was no writing under Colvill's hand. Balmerino came to the ground, and having asked the parties, if there was any submission, was answered that they had bound themselves by missive letters; upon which he examined the witnesses adduced by all the parties, and gave his decreet, which Gardner suspended. The Lords first sustained the objection to the decreet-arbitral, that it proceeded upon a verbal submission, as to the rights of lands, so far as concerned Colvill, one of the parties, and therefore found it null. But afterwards they altered and sustained the decreet-arbitral as binding on all parties. But the decreet-arbitral containing a penalty, the Lords found the penalty not due. (See Dict. No. 10. p. 627.)