In re the Arbitration between Deering Milliken & Co. & Boepple Sportswear Mills, Inc.

Frank, J. (dissenting).

We must determine if from the record it can be ascertained whether the arbitrators exceeded the powers given them under the terms of the arbitration agreement.

The pertinent provision of the agreement for submission reads as follows: “ The limit of Seller’s liability for defective yarn, shall be the difference in the value on the contract date of delivery between the yarn specified and the yarn actually delivered. * * * In no event shall Buyer he entitled to claim consequential damages and in no event shall damages include profit on contemplated use or profit of any…