Horace Gray

“ The conditions of the policy in suit clearly and unequivocally manifest the intention and agreement of the parties to the contract of insurance that any difference arising between them as to the amount of loss or damage of the property insured shall be submitted, at the request in writing of either party, to the appraisal of competent and impartial persons, to be chosen as therein provided, whose a ward shall be conclusive as to the amount of such loss or damage only, and shall not determine the question of the liability of the company ”

“ Rep. 1035. Upon the evidence in this case, the question whether the defendant had duly requested, and the plaintiff had unreasonably refused, to submit to such an appraisal and award as the policy called for, did not depend in any degree, as in Uhrig v. Insurance Co., 101 N. Y. 362, 4 N. E. Rep. 745, cited for the plaintiff, on oral testimony or extrinsic facts, but wholly upon the construction of the correspondence in writing between the parties, presenting a pure question of law to be decided by the court. Turner v. Yates, 16 How. 14, 23; Bliven v. ”