Emery

This matter is here on appeal from judgment on the pleadings entered by the District Court.

The essential facts, briefly, are: The United States brought an action against the owners of two apartment house units alleging violation of Section 205(a) of the Emergency Price Act of 1942 as amended, 50 U.S.CA.Appendix, § 925(a), and Sections 205 and 206 of the Housing and Rent Act of 1947, as amended, 50 U.S.C.A.Appendix, §§ 1895, 1896.

The complaint filed originally sought an injunction, treble damages and restitution of the rent overcharge. The violations of the various rent control Acts were alleged to have occurred between January 7, 1945 and June 30, 1949. During this period four tenants were alleged to have paid a total of $1002.50 in excess rentals.

The plaintiff waived its request for injunction and for treble damages and the matter was submitted to the Court on a motion for judgment on the pleadings; this motion was granted by the Court below. Although an answer was filed setting up certain claimed legal defenses, the answer did not put in issue or deny any of the facts alleged in the complaint. In entering judgment on the motion the Court rightfully said that the defense to…