Edward Douglass White

Summary

Edward Douglass White,  District of Columbia v. Bailey…

“ In determining whether an agreement to arbitrate involves the power to contract, we eliminate at once from consideration consents to arbitrate made under a rule of court, by consent, in a pending suit, and shall consider only whether an agreement to arbitrate not under rule of court or within the terms of a statute enacted for such purpose is or is not a contract. We do this because there is no pretense in the case at bar that the submission to arbitration was under a rule of court or equivalent thereto. ”
Source: Wikisource

Edward Douglass White,  District of Columbia v. Bailey…

“ In other words, by virtue of the restrictions and inhibitions of the statute, a contract calling for an expenditure in excess of $100 cannot take effect unless made in the form stated. The form therefore becomes a matter of fundamental right, and illustrates the application of the maxim, 'Forma dat esse rei.' That the mere statement of the appointment of a referee on the minutes without the signature of any of the commissioners did not comply with the requirements referred to, is too clear for discussion. ”
Source: Wikisource

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