The opinion of the court was delivered by: KIRKPATRICK
This is an action by the Price Administrator of the Office of Price Administration for injunctive relief and for damages treble the amount of overcharges above ceiling prices on sales made by the defendants. The plaintiff seeks injunctive relief against the defendants under Section 205(a) and (c) of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 925(a, c), for thirteen violations of the following types:
(a) Sales above ceilings prescribed by Maximum Price Regulations No. 341 and Revised Maximum Price Regulation No. 341.
(b) Failure to 'tag' vehicle for the benefit of purchasers under Maximum Price Regulation No. 341 and Revised Maximum Price Regulation No. 341.
(c) Failure to give invoices under Maximum Price Regulation No. 341.
The plaintiff further seeks treble damages under Section 205(e) of the Emergency Price Control Act for overcharges by the defendants above ceilings.
The case resolves itself into five main issues.
(a) Whether or not the vehicles in question were sold under a guarantee as prescribed by the Regulation.
(b) The method of computing the 'age' of the vehicles in question.
(c) Whether the defendants had any right to use the percentages provided by the Revised Maximum Price Regulation No. 341 before the effective date of the Regulation.
(d) Whether the Administrator had any right to bring this action under Section 205(e) of the Emergency Price Control Act.
(e) The amount of the judgment.
(a) Maximum Price Regulation No. 341, Section 1360.506(c), 8 Fed.Reg. 3973, provides in part, 'No vehicle shall be sold * * * unless the dealer shall furnish the purchaser with a signed guarantee * * * .' Revised Maximum Price Regulation No. 341, Section 5, 8 Fed.Reg. 11177, states, 'Before the percentage applicable to a 'warranted' vehicle can be used * * * the warranty stated in that section (Section 8) must be furnished to the purchaser.' Section 8 sets forth a form.
The Administrator accepts three of the transactions as meeting the warranty requirements of the Regulations, but denies that the other nine do so. The record does not show what facts induced the government to accept three transactions as warranted.
However, the record is clear as to one thing, and that is that no written guarantees of any kind were furnished to the ...