Cooperstown Cattle Co. v. Smith

The complaint alleges a cause of action for meat products sold and delivered between the 4th and 7th days of August, 1942, according to a schedule which shows a balance due of $609.04. The answer admits the sales according to the schedule, but alleges (par. 4), that the balance shown by the schedule represents charges made in excess of the applicable Office of Price Administration ceiling price paid plaintiff by the defendants for goods sold and delivered from and after June 5, 1942.

A bill of particulars in respect of this defense was furnished by defendants showing that the overcharges…