Woods v. Graf

FOLEY, District Judge.

In this action by the Housing Expediter to recover for an alleged overcharge and to obtain a permanent injunction, this Court sitting as a trier of the facts finds itself in the usual dilemma of ascertaining where the truth lies. The overcharge is admitted by the defendant, and the defense, affirmative in its nature, is based upon the claim that the clear agreement between the parties was that the premises involved 'were rented for commercial purposes and were so used during the tenancy of Robert N. Blaisdell and his wife. That by such agreement and actual commercial…