Home GEORGE C. KENNEY vs. ROBERT L. BALCH & another.

325 Mass. 762

February 13, 1950

Decree affirmed. This is an appeal by Robert L. Balch and Beryl A. Cobb from a decree of a Probate Court appointing one Doris M. Stanley as guardian, with custody of Robert Griswold, a minor. The record in so far as it relates to the case, consists only of the petition, the decree, and the appeal which contains a recital of certain alleged facts the truth of which does not appear to have been established in any manner. It is obvious that the record contains nothing showing error in the decree. Jordan v. Ulmer, 237 Mass. 577, 579-580. Hale v. Blanchard, 242 Mass. 262, 264. Comstock v. Dewey, 323 Mass. 583, 585.


325 Mass. 762

March 1, 1950

Order for judgment affirmed. Bennett appeals under G. L. (Ter. Ed.) c. 251, Section 12, from an order of the Superior Court for judgment against him in favor of Lodgen's Market, Inc., on an award of arbitrators returned upon a submission to arbitration in accordance with G. L. (Ter. Ed.) c. 251, Sections 1-13, of certain demands and cross demands arising out of a contract by which Bennett was to perform construction work for Lodgen's Market, Inc. The award contains a brief statement of the facts found and of the grounds upon which a majority

Page 763

of the arbitrators determined that a balance was due from Bennett to Lodgen's Market, Inc. Bennett contends that errors of law are involved in the award, but no questions of law were reserved for the consideration of the court either in the submission or in the award. It is settled that in these circumstances the award determines both law and fact and that no question of the correctness of the law applied by the arbitrators is open on appeal. Ellicott v. Coffin, 106 Mass. 365. Carter v. Carter, 109 Mass. 306, 309. Gardner v. Boston, 120 Mass. 266. Cowley v. Dobbins, 123 Mass. 587. Selectmen of Danvers v. Commonwealth, 184 Mass. 502, 507. Members of Bakery & Confectionery Workers International Union v. Hall Baking Co. 320 Mass. 286, 290.