This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The extent to which provisions for arbitration are valid has already been discussed.1 Under a contract for submitting disputes as to value to arbitration, such submission is a condition precedent to recovery.2 Under a contract to refer disputes to a designated person, a refusal to submit such disputes precludes recovery by the contractor.3 Thus under a building contract a provision that the architect shall decide the value of alterations ;* or shall certify the progress of the work done, on which certificate installments of the contract price are to be paid ;5 or providing for his deciding other questions in dispute between the parties, makes such decision conclusive if it is made in good faith and not under evident mistake.6 The same principles apply to contracts for constructing waterworks.7 So, under a contract referring questions as to the measurement of log3 delivered under such contract to a third person, his decision is conclusive in the absence of fraud or evident mistake.8 A provision for arbitration as to.questions arising on one branch of the contract does not apply to questions arising on another branch thereof.9
1 Wilson v. Charlotte, 110 N. C. 449; 14 S. E. 961.
2 Southern Paving Co. v. Chattanooga (Tenn. Ch. App.), 48 S. W. 92.
3 Hall v. Sims, 106 Ala. 561; 17 So. 534.
4 Grand Rapids Fire Ins. Co. v. Finn. 60 O. S. 513; 71 Am. St. Rep.
736; 50 L. .R. A. 555; 54 N. E. 545.
1 See Sec. 348. 349, 350.
2 Holmes v. Richet, 56 Cal. 307; 38 Am. Rep. 54; YYeggner v. Green-stine, 114 Mich. 310; 72 N. W. 170; Ball v. Doud, 26 Or. 14; 37 Pac. 70; Baer's Sons Grocer Co. v. Fruit-Parking Co., 42 W. Va. 359: 26 S. F. 191.