Sommer v. E. B. Kelly Co.

Plaintiffs, who operate a machine shop, purchased, paid for and received from defendant a milling machine with accessories at a cost of $2,850. This sum was $944 in excess of the “ ceiling ” price fixed by the Office of Price Administration under the authority of the Emergency Price Control Act of 1942 (XL S. Code, tit. 50, Appendix, § 901 et seq.). Plaintiffs seek to recover $944 plus $250 for “ reasonable attorney’s fee.”

The first and third causes of action set forth in the complaint appear to be an attempt to recover under the provisions of subdivision (e) of section 205 of said Act [XT,…