R. G. McClung Cotton Co. v. Cotton Concentration Co.

ON MOTION FOR REHEARING

Defendant’s motion for rehearing complains of our ruling that proof of decline in market value for the period of the delay establishes plaintiff’s damages prima facie, and that the burden shifted to defendant to show that the amount of plaintiff’s loss was less than such decline. Defendant insists that it has been deprived of due process because it had no information as to whether plaintiff actually lost profits when it sold the cotton and the trial court refused to permit cross-examination of plaintiff’s chief witness, Rufus McClung, in this respect.

The claim of denial…