Powers & Co. v. American Society of Tool Engineers

On Rehearing.

Black, J.

{concurring in result). By application for rehearing we are confronted with a formal and unmodified pretrial statement * filed in the cause 3 months prior to trial. It calls for affirmance of the judgment below, rather than remand for ascertainment of the amount of plaintiff’s damages, and we hasten on strength thereof to amend the previously determined result of this case. This should be done if for no other reason than that of fairness to the trial judge whose obligation to award judgment in an amount certain, if plaintiff be entitled to recover at all, became fixed…