stating that "an important [statutory] exception to the general rule on the remedy of liquidated damages prevails in the case of a nonprofit cooperative marketing association"
How later courts described this case
- stating that "an important [statutory] exception to the general rule on the remedy of liquidated damages prevails in the case of a nonprofit cooperative marketing association"
- reversing an award of liquidated damages where plaintiff cooperative proved that a product was of poor quality, but did not prove that the member failed to deliver the product as required by the express terms of stipulated damages clause
Written by the judges who cited it.
The opinion
TRAYNOR, J., and SCHAUER, J.
We concur in the conclusion reached by Justice Carter and generally in the grounds stated therefor.
Respondents’ petition for a rehearing was denied April 21, 1949. Carter, J., Traynor, J., and Schauer, J., voted for a rehearing.