IN RE ARMSTRONG AND CULLEY

4 VLR (L) 178·Coram, STAWELL, C.J., and BARRY, J.
4 VLR (L) 178
4 VLR L 178
IN RE ARMSTRONG AND CULLEY Supreme Court of Victoria, at Law Coram, STAWELL, C.J., and BARRY, J. April 4, 1878. June 24, 1878. July 4, 22, 30 July 1878 ArbitrationReferring back awardAffidavit of some arbitrators that they were misledServiceAppeal to Privy CouncilAmount at issue .

The goodwill of a business was sold, together with the stock-in-trade, to be taken at cost price. In pursuance of the contract, the prices were fixed by three arbitrators, who made their award. Some months afterwards, and after the purchaser had been selling and renewing the stock, an application was made by him to refer back the award, upon the affidavit of two of the arbitrators that they had been misled by certain cipher marks of prices marked on some of the stock.

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