21. That the total overcharges received by the defendant during the period of one year from the execution of this action amounted to $ 15.00.
22. That the defendant relied on the oral advice of the Chief Rent Attorney of the Erie Defense Rental Office that the ten acres of land could be rented separately from the housing accommodations.
23. That the aforesaid overcharges were demanded and received by the defendant in violation of the Emergency Price Control Act of 1942, as amended, and the Rent Regulation for Housing, as amended, issued thereunder.
Conclusions of Law
1. That this Court has jurisdiction of the subject matter of this action and over the parties hereto.
2. That during the period from on or about May 5, 1945 to August 31, 1946 (exclusive of July 1946), the defendant violated the Emergency Price Control Act of 1942, as amended, and the Rent Regulation for Housing, as amended, issued thereunder, by demanding, accepting and receiving rent from Julia E. Strough and Eleanor Laird for the housing accommodation designated as R.D. No. 3, Peach Street and South Gore Road, Erie, Pennsylvania in excess of the maximum legal rent permitted by said Act and Regulation.
3. That the foregoing violations were not willful and due to the defendant's failure to take practicable precautions against the occurrence thereof.
4. That an Order requiring full restitution of the overcharges to the tenants is authorized by Section 205(a) of the Emergency Price Control Act of 1942, as amended.
5. That the plaintiff, on behalf of the United States, is entitled to damages for the overcharge occurring within one year from the institution of suit by virtue of Section 205(e) of the Emergency Price Control Act of 1942, as amended, in the amount of $ 15.00.
6. That the tenants are obligated to the defendant in the amount of $ 25.00 for the month of October, 1946.
7. That the plaintiff is entitled to judgment as follows:
(a) Judgment for the plaintiff on behalf of the United States and against the defendant, Charles J. Schwartz, in the sum of $ 15.00.
(b) An Order requiring the defendant to make restitution to the tenants, Julie E. Strough and Eleanor Laird, in the sum of $ 185.00 computed as follows:
(1) Overcharge from May 1, 1945 to June 30, 1946 14 months at $ 15.00 ................................. $ 210.00 (2) Overcharge from Aug. 1, 1946 to Aug. 31, 1946 .......................... $ 15.00
Total Overcharges ......................... $ 225.00
(3) Credit due defendant for rental due October, 1946 . . . $ 25.00 (4) Judgment entered in favor of United States for overcharge August, 1946 ..................... $ 15.00.... 40.00 States for overcharge August, 1946 . . .15.00 . . .40.00
Net Amount of Restitution . . . $ 185.00
(c) That the costs of this action shall be paid by the defendant.
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