A Treatise On the Law of Awards

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3 Lev. 153. Face THE AWARD OR UMPIRAGE. 127 face of the award, that more was really due. C^jJ But where it does not ai)i)ear by the award, that a larger Turn is really due, but that it is only in demand, an award of a lefs fum is good. And if the fubinifTion be of all matters in difference, though the ar- bitrator do not dircdtly ta^-e notice of any other matter but the demand of the larger fum, it fhall be prefumed, in fupport of the award, that the arbitrator faw, upon the whole, that no- thi...ng more was due than he has given. Thus, where, to debt on bond for performance of an award, the defendant pleaded *' no award made;" and the plaintiff in reply fet forth an award, in which the arbitrators took notice of 72I. Being in contro- V(. Rfy for rent due, and awarded 50I. In full fatisfaction and ge- neral releafes to be given; but it did not appear by the award, that any other matter had been in controverfy, though the fub- miffion was general. The court were of opinion that the award was good ; and further remarked, that it was fmgular the objedtion fhould come from the defendant, in whofe favour the award was; for by his objection he infifted on paying 72I.

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