Edsil Trading Corp. v. John Minder & Sons, Inc.

In the Marrow cases (296 N. Y. 760, 296 N. Y. 762, 296 N. Y. 764) we held that the OPA statute (Emergency Price Control Act of 1942, § 4 [U. S. Code, tit. 50, § 904]) meant what it said: that any sale of a covered commodity at over-ceiling price was “ unlawful ”, and that a “ trade purchaser ” (not an ultimate consumer) who paid more than the ceiling price could not recover back the excess he had unlawfully paid. It is the fact of overpayment, regardless of agreement or intent or lack of intent, which makes such a vendee a participant in the unlawful transaction, and puts him, like his…