Porter v. Nowak

WYZANSKI, District Judge.

1. The issue. This case arises under OPA regulations governing the sale of used motor vehicles. The question is this: When a dealer in used passenger automobiles sells a car giving the purchaser an oral warranty which he in fact honors or stands ready to honor, is the lawful maximum price (a) the price allowed an ordinary seller or (b) the price allowed a dealer furnishing a written warranty?

2. Applicable regulations. July 10,1944, the Administrator of the OPA issued MPR 540, including Amendment 1(9 F.R. 6434). The regulation in Section 2 forbade the sale of cars at…