for damages because of these transactions. At the trial of this case, I reserved decision as to the admissibility of this evidence. The evidence was incompetent to show that First Federal paid anything to the Government. It indicates that some person paid a lump sum in behalf of First Federal. What the ramifications are in back of this evidence are purely speculative.
We know that a number of others were involved in the Bretz deals as participants. We don't know what the involvements were. We don't know what claims, if any, there were and against whom. No evidence was introduced that First Federal paid any money, nor is there any evidence of why the $ 60,000 was paid. To make a deduction here that it was basically and totally on account of the Klein claim is pure speculation. Accordingly, the evidence to which the plaintiff objected, lacks any probative weight to support the defendant's contention. In any event, in United States ex rel. Marcus v. Hess, 60 F.Supp. 333 (W.D.Pa., 1945), affirmed in C.A.3, 154 F.2d 291, under the federal rule relating to the release of joint tort feasors, the release of a contributing defendant does not release a non-contributing defendant. We must then apply the law as we know it to contribution and rights of mitigation in wrongdoers who are compelled to pay for their wrongful acts. For these reasons the defendant has no mitigation rights in the plaintiff's claim against him.
As previously stated, the general intention of Sydney was to procure available veterans for the accomplishment of his program in procuring Veterans Administration loans on the Bretz houses. The intention was not to procure eligible applicants, but rather available applicants who would serve his purpose in procuring proceeds for the reduction of an inflated mortgage on the Bretz houses.
But, while this was the general intention of the defendant, the burden was upon the plaintiff to prove by the proper measure of evidence that the defendant knowingly furnished false and fictitious information and representations in the application forms as to specific individual applicants, and that he further fraudulently used such false and fictitious information and representations in the application forms in the making or causing to be made claims upon the plaintiff knowing the same to contain such false and fictitious statements or entries.
The plaintiff has not met its burden in the cases of William Anglin, Jr., William Ayersman, Raymond Hoskins and James Jenkins. In the cases of Joe David Harris, Leslie C. Howell, James C. Cordwell, Raymond W. King, Ercil Bosley, Edward Blosser, Carl Beveridge and Delmar Lowther, the plaintiff has produced clear unequivocal and convincing evidence that the defendant made false claims against it and to its detriment and to the defendant's advantage.
Accordingly, the plaintiff is entitled to judgment for the amount of damages so found and to the sum of $ 2,000 forfeiture in each of the said claims.
The defendant, however, contests the right of the plaintiff to receive damages with the allowance of credits due from the doubled damages. The question here is to whether credits are allowable from single damages or double damages. Certain credit amounts were received by the plaintiff after foreclosures of the properties. The Government urges that damages should be first doubled and that allowable credits should be deducted from the double damages. The defendant disagrees. The Act provides that in addition to the $ 2,000 forfeiture, the plaintiff is to be allowed double the amount of damages which it may have sustained. The Act does not indicate when damages are to be doubled, it merely provides for double the amount of damages, and this reasonably appears to be such as are finally determined.
Accordingly, the credit should be first deducted from the single damages as finally determined and the remainder doubled for the purpose of determining the amount of damages to which the plaintiff was entitled. Judgment will be entered accordingly.