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PFOTZER v. UNITED STATES

No. 5895.

176 F.2d 675 (1949)

PFOTZER et al. v. UNITED STATES, for Use and Benefit of CHICAGO PUMP CO., Inc.

United States Court of Appeals Fourth Circuit.

Decided August 24, 1949.

Attorney(s) appearing for the Case

James G. Martin and Louis Lee Guy, Norfolk, Va., for appellants.

Thomas H. Willcox, Norfolk, Va. (F. J. Dean, Jr., Norfolk, Va. on the brief) for appellee.

Before PARKER, Chief Judge, and SOPER, Circuit Judge, and CHESNUT, District Judge.

CHESNUT, District Judge.

In 1946, when Price Control was still in force, the Chicago Pump Company sold two Comminutors to E. & E. J. Pfotzer. The contract of sale included an "escalator" clause relating to the price. After the Comminutors were assembled by the vendor and delivered to the vendee a dispute arose as to what was the contract price. Pfotzer said it was $14,548, while the Chicago Pump Company contended that the amount was $17,007. The controversy hinges...

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