The opinion of the court was delivered by: BARD
This is an action brought under Section 205(e) of the Emergency Price Control Act of 1942, as amended,
to recover damages for the sale by defendant to plaintiff of a used refrigerator at a price in excess of the price established therefor by Revised Maximum Price Regulation 139, 8 F.R. 3706.
Jurisdiction of this action is conferred upon this court by Section 205(c) of the Act.
I make the following special
1. Plaintiff Jeanne Trachtman is a resident of Philadelphia, Pennsylvania.
2. Defendant Jack Samit operates a refrigerator repair service and a refrigerator sales store under the trade name Atlas Refrigerator Service Company at 1106 W. Girard Avenue, Philadelphia, Pennsylvania.
3. Pursuant to the provisions of Section 2(a) of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 902(a) the Price Administrator issued Price Regulation 139, 'Used Household Mechanical Refrigerators,' 8 F.R. 3706, on March 24, 1943, effective April 15, 1943, which has been, at all times mentioned herein, in full force and effect.
4. On January 4, 1944, defendant sold and delivered to plaintiff one used Frigidaire refrigerator, Model M-4-37 (1937), cabinet No. 1884856, for $ 159.
5. The refrigerator contained a factory rebuilt unit which cost $ 38 and was accompanied by defendant's written guaranty for one year.
6. Plaintiff purchased the refrigerator for her own use as a consumer other than in the course of plaintiff's trade or business.
7. Shortly after the sale, plaintiff notified defendant that the price exceeded the ceiling price. Defendant thereupon removed the refrigerator from plaintiff's home and mailed plaintiff a check dated January 11, 1944 in the amount of $ 159 which was cashed by plaintiff.
Defendant admits that he sold the Frigidaire refrigerator to plaintiff for $ 159. However, he urges that the price ceiling provisions of MPR 169 substantiate his contention that the proper maximum price for a reconditioned refrigerator with a rebuilt unit and a one year guaranty is $ 161.50, and that the sale was, therefore, at a price below the maximum allowed.
The relevant price provisions are set forth in the margin.
The Regulation groups used refrigerators into three classes for the purpose of determining the price ceiling. The prices for two classes are fixed by a list of prices. These classes are 'as is' refrigerators and 'reconditioned' refrigerators. Reconditioned refrigerators are defined as used refrigerators which meet certain specifications as set forth in the Regulation. Reconditioned refrigerators must be accompanied by a ninety day guaranty, but, if the guaranty is for one year or more and the refrigerator was manufactured before 1940, the vendor is permitted to add $ 10 to the list price. An 'as is' refrigerator is one which does not meet the standards ...