Van Gelder Yarn Co. v. Mauney

We think the court’s charge on tbe issue of damages must be held for error. In tbe first place, it is peremptory or directory in character; and, secondly, it takes from tbe defendants their plea in bar, or of waiver, under subsection (a), Eule 19, of tbe Southern Cotton Tarn Association. Tbe trial court seems to bave overlooked, for tbe moment, tbe defendants’ contentions in respect of tbe amount, even if tbe issue of liability should be answered against them.

Tbe orders were given and tbe shipment made, “subject to tbe provisions of tbe Cotton Yarn Eule of 1938.” Under these, tbe merchandise…