Case No. 3,663.

DAVY v. FAW.

[1 Cranch, C. C. 89.]¹

Circuit Court, District of Columbia.

April Term, 1802.

ARBITRATION—EVIDENCE OF QUESTIONS SUBMITTED.

When the terms of submission to arbitration are uncertain, parol evidence may be given of the controversies submitted.

Debt on award. The terms of submission were “of a controversy of several accounts and contracts existing between us.”

THE COURT allowed parol evidence to show what were the accounts and contracts meant in the submission, and stopped C. Lee who had offered such evidence, and informed him that in the case of Ellzey v. Mosorop [Case No. 4,412], in Washington, they had decided that where the terms of submission were uncertain, parol evidence might be given of the controversies submitted.

MARSHALL, Circuit Judge, absent.

[NOTE. See Faw v. Davy, Case No. 4,701.]

¹ [Reported by Hon. William Cranch, Chief Judge.]

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