At common law, award which was not made a rule of court could be enforced by an action at law on the award or by an action on the bond, if a bond to secure performance of the award had been given.1 Even if a bond to secure performance were given, the action upon such bond was not exclusive.2 If the submission was made a rule of court, the remedy by enforcing it through the direct action of the court of which it was made a rule, was not exclusive, but an action might be brought on the award,3 unless the statute under which the award was conducted was so worded as to make such remedy exclusive.4 If the submission is made a rule of court, it is generally provided by statute that judgment may be entered upon the award without the necessity of a separate action thereon.5 Since the award was regarded as the performance of submission between the parties, equity would give specific performance of an award, if specific performance would have been given upon a contract between the parties containing the same terms and involving the same subject-matter.6 The most common example of specific performance of award is naturally found in awards which involve the title to realty or to some interest therein.7

New Jersey. Hewitt v. The Lehigh & Hudson River Ry. Co., 57 N. J. Eq. 511, 42 Atl. 325.

New York. Merritt v. Thompson, 27 X. Y. 225.

Utah. Bivans v. Utah Lake Land, Water & Power Co., - Utah - , 174 Pac. 1126.

West Virginia. Levy v. Scottish Union & National Ins. Co., 58 W. Va. 546, 52 S. E. 449.

2 Carey v. Montgomery County, 19 Ohio, 246.

Contra, Butler v. Greene, 49 Neb. 280, 68 N. W. 496.

3 England. Clegg v. Dearden, 12 Q. B. 576.

Iowa. Turner v. Hartford Fire Ins Co., - Ia. - , 172 N. W. 166.

Mississippi. Yarbro v. Purser, 114 Miss. 75, 74 So. 425.

North Dakota. Johnsen v. Wineman, 34 N. D. 116, 157 N. W. 679.

Pennsylvania. March v. Lukens, 214 Pa. St. 206, 63 Atl. 427.

West Virginia. Billmyer v. Hamburg-Bremen Fire Ins. Co., 57 W. Va. 42, 49 S. E. 901.

4 Cook v. Gardner. 130 Mass. 313.

5 Turner v. Hartford Fire Ins. Co., - Ia. - , 172 N. W. 166.

6 N. P. Sloan Co. v. Standard Chemical & Oil Co., 256 Fed. 451; Turner v. Hartford Fire Ins. Co., - Ia. - , 172 N. W. 166.

7 Bivans v. Utah Lake Land, Water & Power Co., - Utah - . 174 Pac. 1120.

1 Hodsden v. Harridge, 2 Saunders, 61; Nay v. Boston & W. St. R. Co., 192