Krautner v. Johnson

DRAPER, J.

Defendant appeals from order confirming an award made by arbitrators and from judgment entered thereon.

Under written contract, plaintiffs constructed a residence for defendant. Alleging completion of the house, plaintiffs filed an action for sums claimed due therefor. On defendant’s motion, the action was stayed until arbitration had been had pursuant to a provision of the contract. Arbitration award was in favor of plaintiffs. Their motion to confirm the award was granted and judgment was then entered.

As originally drawn, the arbitrators’ award said: “We also find that Krautner-Nackord have substantially completed the contract and are entitled to the sum of $3,880.00, the total amount due under the written contract between Krautner-Nackord and Johnson.” An award for claimed extras was also made. On this page of the original award, the quoted paragraph was marked out, initialed by all arbitrators, and the words “We find that the amount of the last payment unpaid under the basic contract was the amount of $3,880.00” were added to the next paragraph and similarly initialed. Apparently this form was forwarded to the parties, but before filing of the award with the court, the page was retyped so as to show only the corrected form.

Defendant contends that this alteration of the award vitiates it. A change in substance would require vacation of

[719]

the award

(Porter

v.

Scott,

7 Cal. 312) if it resulted in prejudice to either party

(Popcorn Equipment Co.

v.

Page,

92 Cal.App.2d 448, 451 [207 P.2d 647]). Here, however, the alteration, even if made after furnishing of copies to the parties, is one of form only. It would be hypertechnical to hold that it voids the award. Another similar alteration was even more clearly but one of form, rather than substance.