Danebo Lumber Co., Inc. v. Koutsky-Brennan-Vana Co. Koutsky-Brennan-Vana Co. v. Danebo Lumber Co., Inc.

This appeal was consolidated for argument with the appeals in Furrow v. Koutsky-Brennan-Vana Company, 9 Cir., 182 F.2d 496 , in which the decision is this day filed. The opinions in the two cases supplement each other.

Danebo Lumber Company, Inc., hereafter called Danebo, a lumber wholesaler, and Mark C. Storms appeal from a judgment in a suit in equity for rescission and accounting awarding against them to the KoutskyBrennan-Vana» Company, hereinafter called Vana, a lumber retailer, the sum of $15,000, being moneys paid Danebo under a contract of which the court granted rescission. The contract was alleged in the complaint and found by the court to have been made in a conspiracy to .violate the Emergency Price Control Act of 1942, as amended, hereinafter called the Act.

Danebo contends that the conspiracy alleged by Vana’s complaint and found by the court was known by Vana to be malum in se; that Vana is in pari delicto with Danebo; and that the district court erred in exercising its equity powers in rescinding the contract and in requiring an accounting of the moneys paid by Vana as its pretended consideration for the pretended promises of Danebo.

Since the complaint shows…