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

The question raised on a motion to vacate an arbitrators’ award was whether the arbitrators, in their award on respondent’s counterclaim, exceeded their powers. The contract between the parties limited the seller’s liability for defective yarn to the difference in value between the yarn specified and the yarn actually delivered, and provided that “In no event shall Buyer be entitled to claim consequential damages It is the petitioner seller’s claim that the award made in favor of respondent buyer included consequential damages; therefore the arbitrators exceeded their authority under the…