United States v. Powers
District Court, W.D. Michigan
At Daw. Action by the United States against Serol E. Powers to. recover profits on the sale of wool in 1918 in excess of those allowed under the regulations of’the War Industries Board of the Council of National Defense. On motion to dismiss the declaration.
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At Daw. Action by the United States against Serol E. Powers to. recover profits on the sale of wool in 1918 in excess of those allowed under the regulations of’the War Industries Board of the Council of National Defense. On motion to dismiss the declaration. The declaration alleged that, pursuant to the provisions and under the authority of the act of Congress approved June 3, 1916, commonly known as the National Defense Act, and of the act of August 29, 1916, known as the Army Appropriation Act, and the act of Congress of August 10, 1917, commonly known as the Food Control Act, there was…
1Opinion of the Court
SESSIONS, District Judge.
The decision of this case rests upon well-established rules of law and little discussion is required. This is not a prosecution for a criminal offense arising out of a violation by the defendant of the regulations promulgated by a departmental agency of the government.
[1] In this instance the defendant entered into a contract, and so far as appears from the face of the pleadings there was neither coercion nor duress. It is true that it may be said the contract was entered into under stress of war conditions; but such conditions do not avoid contracts, and furnish no…
2Cited by8 opinions
- United States v. Skinner & Eddy CorporationDistrict Court, W.D. Washington · 1925
- United States v. SmithDistrict Court, D. Massachusetts · 1922
- Cechanowicz v. Highland Park State BankMichigan Supreme Court · 1923
- Enid Milling Co. v. United StatesUnited States Court of Claims · 1928
- Globe Grain & Milling Co. v. United StatesUnited States Court of Claims · 1930
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