Porter

Chester Bowles, as Price Administrator, brought an action against appellant (The Login Corporation) and L. P. Gainsborough under § 205(e) of the Emergency Price Control Act of 1942, 50 U.S.C.A. Appendix, § 925(e). His prayer was for an injunction and a judgment for $10,020. Appellant and Gainsborough answered and demanded a jury trial. Thereafter two stipulations of facts were filed by the parties — one on December 4, 1944, and one on February 7, 1945. 1 The case was tried by the court without a jury on February 12, 1945, and a judgment was entered on March 28, 1945. The judgment was that the action be dismissed as to Gainsborough, that the prayer for an injunction be denied, and that the Administrator recover of appellant $3,340. Appellant has appealed.

The complaint alleged, in substance and effect, that between December 1, 1943, and May 1, 1944, appellant and Gainsborough sold Cuban rock lobster at a price which exceeded by $3,340 the maximum price *624 permitted by the General Maximum Price Regulation, hereafter called the General Regulation, issued under § 2 of the Act, 50 U.S.C.A.Appendix, § 902

The answer denied this allegation, but stated that “these defendants…