Motley v. Mielsch

CODY, Justice.

This is the second appeal of this case. The former appeal is reported in Tex.Civ. App., 199 S.W.2d 552, and 145 Tex. 557, 200 S.W.2d 622.

This was an action brought by appellee under the Emergency Price Control Act, Title 50 U.S.C.A. War Appendix, § 925(e), against appellants who were second-hand automobile dealers, to recover statutory damages and penalties for the sale of a second-hand automobile for a price alleged by appellee to be $1043.75 in excess of the maximum or ceiling price. The ceiling price was $1656.25.

On the trial, a jury verdict was returned in favor of appellee…