CHICAGO, M. do BT.· P. RY. C0. 12. STEWART. 5
matter of regret that the decision of the court on this question of ju-
risdiction was not had before the case had gone to the extent to which
it has proceeded, it being now submitted for judgment upon the tes·
timony and proofs taken. But we cannot examine the case upon the
merits. It must, therefore, be dismissed from this court for want of
jurisdiction, without costs, and without prejudice to complainant.
Let decree be entered accordingly, and without prejudice.
Onmseo M. & Sr. ·P. Br. Co. v. Srnwanr.
(Oireuit Court, D. Minnesota. December, 1883.)
1. AWARD —-Srnormc Pnunonmsncm. i
An agreement for the conveyance of land at a price to be tlxed by an arbi-
trator named in the agreement, will not be specically enforced unless the
award is made within a reasonable time. i
2. SAME—REASONABLE Trim.
ln such a case a delay of six months in making the award, when the value of
the land is rapidly increasing, is unreasonable.
3. Blum-Enrmm Timor ·ro nn Arrnnrsmn.
Speciiic performance will not be decreed of an agreement to convey a tract
of land by warranty deed, with covenants against imcumhrances, at a price to
be appraised by an arbitrator, unless the award of the arbitrator appraises
the entire tract without reference to easements and other incumbrances
thereon.
Bill in equity brought to obtain decree for the specific performance
of a written agreement for the sale by defendant to complainant of -
certain land. The agreement is dated April 21, 1879, and provides
that the defendant-
·* In consideration of one dollar to him in hand paid, the receipt of which
is hereby acknowledged, and other considerations hereinafter named, has bar-·
gained and sold unto the said second party, and upon payment of the further
consideration therefor as hereinafter provided doth hereby covenant and agree
to convey to the said party of the second part, by a good and suuicient war-
ranty deed, free and clear from all incumbrances, on demand of the party of
the second part, all that piece or parcel of land situate in said Hennepin county
and state of Minnesota described as follows."
Here follows a particular description of the land by metes and
bounds, and the remainer of the agreement is as follows:
"And said parties do mutually agree to submit to D. R. Barber, Esq., of
said Minneapolis, the question of the value of said piece or parcel of land, and
the compensation to be paid therefor by said second party to said First party,
and that his decision shall be final. And upon the payment of such sum as
shall be so tixed and determined by said Barber, the party of the first part
will at once execute his waranty deed of the same as aforesaid, free and clear
of all incumbrances except a certain lease to Wiggins & Thompson; the party
of the second part to take the same subject to such lease, and to receive any