The Providence news. (Providence [R.I.]) 1891-1906, 1897-04-17
Court Can Step in When
ArbitratOrS Fail.
Interesting Decision Handed
Down This Morning.
II Was in Case OF William Grosyenor
VS.. Henry S. Flint ct al,

The decision Of the Appellate Court in
the case of William Grosyenor ct al.
! against Henry 5. Flint ct al, was handed
uoWh Today. The case presented two ques-
tlOns Tor decision, viz. whether the court
| by master orsotherwise. can appraise the
| rent payable t0 the complainants, il the
| arbitration provided for in the lease has
ialled and whether as a matter Of fact
the arbitration has failed. Tho court
| grants the relief prayed for by the com
| piainants and decides both questions in
! the Affirmative
The bill was based upon the nonper-
forinnnce by the respondents of a covenant
In lease held by them of certain premises
owned 10y the complainants. The lease
was given September llth, 1870 to run for
the term OF 80 years. The covenant i'm
question Is as follows: "The lessees agree
JO pay rent therefor yearly and every
year during the first five years of said
term, the sum Of $1,000 and during the
subsequent years of said term as may be
agreed on or otherwise fixed under the
provisions hereinafter contained, said
rent TO be payable quarterly in equal in
staiments on the 18th days of December.
March, June and September Of each year
during said term.
"ADdlit is agreed between said parties
that at or about the expiration OF each
period OF i've years of said term, the rent
OF said demised promises for the next en-
suing period of five years, shall be fixed
by the award in writing of any two or
tbree dlslnterested men TO be chosen in
writing one by SAID parties of the first
part, their heirs or assignees. or by said
parties OF the second part, their execu-
TORS, administrators or assigns and the
third by the two SO chosen, and in case
either party shall neglect for 30 days
after being requested i'm writing by the |
other party so TO do, 10 choose an appraiser |
In manner aforesaid, il shall be lawful |
Tor such other party TO choose two of said
appraisers, and the two so chosen the |
third, and the award of either two of the |
three, In either man chosen shall be final |
and conclusive.
The bill of complaint set out that |
the rent was fixed by arbitrators who |
were chosen mt regular times until the /
expiration OF The fifth period, September /
"a, 1890. The respondents, it was |
claimed, then neglected and refused to /
comply with the provisions by neglecting
TO choose an arbitrator with 30 days after
the complainants and made choice of one.
Henry Z. Cranston and given due
notice thereof 10 the respondents, but that
shortly, after the expiration of said 80
days, the respondents notified the com
plalnants that they had chosen s;ylvanus
y. Lewis as an appraiser That pending
an attempt TO agree on n third appraiser
said Cranston died, whereupon the com
plainant chose Addison q. Fisher as an
appraiser, in place of said Cranston,
deceased, and notified the respondents
thereof. That thereafterwards, after un-
successful efforts on the part of Fisher
and Lewis 10 agree on a third man.
isher named six suitable business men
)f providence from whom Lewis had the |
privilege of selecting one, but. that he
'eJected them all and without any good |
'eason therefor, and insisted that tho re
pondents should have third man of
heir own choice.
The answer of the respondents denied
ne charge OF misconduct or unfairness
made in the complainant $ bill andasserted
hat Lewis had suggested several names |
II prominent business men who were dis |
and that Fisher declined to ac- |
ept any of them. 1t also set up the |
lain that the court bad no jurisdiction.
samuel Norris was attorney for com