Kenney v. Hood

HUTCHESON, Circuit Judge.

The suit brought under Section 205(e) of the Emergency Price Control Act of 1942,1 as amended, was for three times the amount claimed as an overcharge on the sale of a refrigerator.

The defense in general was a denial that defendant had sold the refrigerator as alleged by plaintiff. In detail it was that he had agreed to sell the equipment to plaintiff provided there was no ceiling price; that plaintiff, after ascertaining that there was a ceiling price, without advising defendant that there was, paid the agreed price and took the refrigerator for the purpose of…