“ If this is the rationale of the decision, its consequences are not limited to criminal prosecutions. A prohibition so indefinite as to be unintelligible is not a prohibition by which conduct can be governed. It is not a rule at all ”

“ When resale is made we will require you to remit the difference between contract price and price received on resale, as well as for all freight, storage and other charges incurred.'
The defendant made no answer. The plaintiff then paid the several charges, took possession of the sugar and resold it in and around Macon-the last portion being sold December 20. There was an oversupply of sugar in the hands of wholesale dealers and others in that vicinity at the time, which made it difficult to effect a resale. ”

“ The defendant now insists the exception was well grounded. But we are of a different opinion. As the jury's verdict was for the plaintiff on the first count, they must have found that the plaintiff retook possession and made the resale under a vendor's lien. If it had such a lien under the law of Georgia-as we must assume in view of the unchallenged charge on that subject-the court plainly was right in saying the date when possession was taken under the lien was the starting point from which to reckon a reasonable time ”

“ The allegation that the contracts called for a delivery more than thirty days in the future, and therefore were unlawful as tending to increase the price and promote hoarding, was of no legal effect. While section 6 prohibited willful hoarding, and also certain acts done for the purpose of unreasonably increasing or diminishing the price, it did not prohibit a selling for delivery more than thirty days in the future. ”

“ One of the special defenses speaks of the president's having fixed one cent per pound as the profit which might be taken. But the reference is to an administrative regulation [1] which had no application to sales by a manufacturer or refiner to a wholesale dealer, such as are in question here. Besides, that regulation was revoked May 31, 1919, before these contracts were made. There was an administrative regulation [2] applicable to manufacturers and refiners which restricted them to taking not more than a fair and reasonable advance over cost ”

“ Seller reserves right to ship such grades as it has available at the time of shipment.'
In this view the orders and acceptances contained the same reservation of a right to ship available grades. A like conclusion in a like situation was reached by the Circuit Court of Appeals for the Fifth Circuit in American Sugar Refining Co. v. Newman Grocery Co., 284 F. 835.
To avoid any misapprehension, it is well to state at this point that, in fact, the refiner delivered the assortment of packages and grades specified in the orders and repeated in the acceptances. ”