Fontes v. Porter

HEALY, Circuit Judge.

The appeal is from a judgment awarding damages in a suit by the Administrator for a violation of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 901 et seq.

Appellant, a seller of used machine tools, filled an order for a lathe and chuck. He orally guaranteed the lathe, but the guaranty was not entered on the purchase order. After delivery he serviced the lathe without charge, as is customary in the case of a guaranteed tool, and later made a written report to the Administrator stating that the tool had been sold as a rebuilt and guaranteed machine. The judgment…