Googins v. E. W. Hable & Sons

TIREY,' Justice.

This is a suit for breach of warranty and in the alternative for money had and received. It was tried without the aid of a jury. The court found against the appellant and rendered a “take nothing” judgment in favor of appellee.

Appellant purchased from defendant some heavy construction equipment during World War II, for which he paid the purchase price of $48,200 in cash. Appellant grounded his cause of .a-ction on the basis that the O.P.A. maximum price regulations .were applicable to the sale and that the price paid was not legally chargeable unless at the time of the sale…