Trailways of New England, Inc. v. Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America

finding that one who holds out to the public that it will undertake to transport property by air is an indirect air carrier | “It is more appropriate to give the defrauded party the benefit even of windfalls than to let the fraudulent party keep them.” Id. at 786 | even unforeseeable, speculative profits must be disgorged by wrongdoer to defrauded seller | “The company’s contention that the union failed to file the grievances relating to discharge of the employees within the requisite time limits, is without merit. It can raise that defense before the arbitrator but not before this court. John Wiley & Sons v. Livingston, supra.” | both discussing only the proper measure of damages