WOODS v. GRAF

Civ. A. No. 3210.

84 F.Supp. 893 (1949)

WOODS, Housing Expediter, v. GRAF et al.

United States District Court N. D. New York.

July 13, 1949.


Attorney(s) appearing for the Case

Sylvan D. Freeman, Chief, Litigation Section Office of Housing Expediter, New York City, William S. Hauser, Litigation Attorney, New York City, for plaintiff.

Byrne, Byrne, & Lowery, Syracuse, New York (D. Charles O'Brien, Syracuse, New York, of counsel) for defendants.


FOLEY, District Judge.

In this action by the Housing Expediter to recover for an alleged overcharge and to obtain a permanent injunction, this Court sitting as a trier of the facts finds itself in the usual dilemma of ascertaining where the truth lies. The overcharge is admitted by the defendant, and the defense, affirmative in its nature, is based upon the claim that the clear agreement between the parties was that the premises involved were rented for commercial...

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