A. W. Hartwig and Jeff Tingle v. United States

The United States instituted an action against appellants, A. W. Hartwig and Jeff Tingle, under § 2(a) (6) of the Second War Powers Act, 56 Stat. 177 (1942), 50 U.S.C.A.Appendix, § 633, and the Veterans’ Emergency Housing Act of 1946, 60 Stat. 207 (1946), to compel restitution of charges alleged to have been made above the ceiling price set by the Federal Housing Administration to named purchasers of dwelling units constructed and sold by the appellants, and for the value of alleged construction deficiencies in violation of Priorities Regulation 33, which was issued in accordance with the Veterans’ Emergency Housing Act of 1946.

Appellants applied for and received authorization for priorities assistance from the Federal Housing Administration, hereafter F.H.A., on or about July 1, 1946, to construct twenty-seven dwelling units in the Calhoun Lane Subdivision of Yellowstone County, Montana. The maximum sales price of each unit was established at $8,000, upon the basis of certain representations of plans, specifications, and requisite materials. Through the use of the materials priorities, the appellants obtained building materials actually used in the construction of the…