Porter

Porter v. James Henry Packing Co.

Good Law
155 F.2d 764·1946 U.S. App. LEXIS 2277
United States Court of Appeals for the Ninth CircuitJune 5, 1946No. 11089California985 words

Opinion

Lead Opinion

Garrecht, J.

The Administrator of the Office of Price Administration brought action in the lower court against the James Henry Packing Company, a corporation, to recover treble the amount of overcharges in the sale of beef and veal to 25 retail markets at or near Seattle from July 1, 1943 to November 8, 1943, in violation of Maximum Price Regulation No. 169, 1 as amended. The James Henry Packing Company will hereinafter be referred to as the packing company.

The parties to the action stipulated as to certain facts and these facts were found as stipulated.

The 25 retail markets in July 1943 were unable to adequately supply their trade. To furnish these markets with more meat and meat products, the packing company delivered to the 25 retail markets during July two instruments, entitled “Lease” and “Contract of Employment”, by which the operators of the 25 retail markets leased their markets to the packing company, and contracted to operate the markets for the packing company for a percentage of the gross receipts. Eight of the 25 markets *766 'were owned by the operators of the markets, but the other 17 had rented premises. No permission was obtained from the owners of these buildings to enter…

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