Porter

The Price Administrator appeals from a judgment of dismissal after trial. The action was brought for injunctive relief and statutory (treble) damages of $3847.70 under Section 205(a) and (e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 925(a) (e). The issues, as reduced by the Pretrial Statement of Issues, upon which the case was tried and submitted were: (1) whether, in the two transactions upon which statutory damages were sought, the defendant Badger was merely a purchasing agent; (2) whether, in all three transactions or any of them, the sales were at prices above the maximum allowed by the Regulations, and if so, the amount thereof; and (3) if the latter issue were determined in the affirmative, whether the Administrator was entitled to injunctive relief.

The complaint alleges that Badger was engaged in the business of setting secondhand machine tools and that the sales of machine tools and extras here involved were made by him at over-ceiling prices and without being reported on Form 100:1 as required by Section 9 of M.P.R. No. 1, as amended.

By suitable denials in the answer, Badger put in issue all of the material elements of the…