FONTES v. PORTER

No. 11239.

156 F.2d 956 (1946)

FONTES v. PORTER.

Circuit Court of Appeals, Ninth Circuit.

July 29, 1946.


Attorney(s) appearing for the Case

Waldo F. Postel, of San Francisco, Cal., for appellant.

George Moncharsh, Deputy Adm'r for Enforcement, Milton Klein, Director, Litigation Division, David London, Chief, Appellate Branch, and Abraham H. Maller, Sp. Appellate Atty., Office of Price Administration, all of Washington, D. C., and Herbert H. Bent, Regional Litigation Atty., Office of Price Adm'r, of San Francisco, Cal., for appellee.

Before MATHEWS, HEALY, and BONE, Circuit Judges.


HEALY, Circuit Judge.

The appeal is from a judgment awarding damages in a suit by the Administrator for a violation of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 901 et seq.

Appellant, a seller of used machine tools, filled an order for a lathe and chuck. He orally guaranteed the lathe, but the guaranty was not entered on the purchase order. After delivery he serviced the lathe without charge, as is customary in the case of a guaranteed tool...

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