Wilmarth

Acting under the Housing and Rent Act of 1947, as amended, 1 the United States has brought an action against Mrs. Genevieve Wilmarth. It is alleged that Mrs. Wilmarth, as the landlord of premises located at 1960 Clay Street, San Francisco, California, demanded and accepted sums in excess of the lawful rental for such premises. Demanded are an injunction, restitution in the amount of $11,275, and treble damages in the amount of $3,300.

The cause was tried to the court. The facts are as follows:

Mrs. Wilmarth purchased the described premises in August, 1947. Prior to such purchase the house was owned by the estate of Carrie Schwabacher. At that time there were outstanding upon the premises a lease and a sublease. The sublease was held by Mrs. Ruth Rehmer, who operated the premises as a boarding house. The rental then paid by Mrs. Rehmer was $125 per month. Mrs. Rehmer, while a sublessee of the Schwabacher. estate, approached Mrs. Wilmarth and attempted to persuade her to buy these premises in order to terminate the overhanging lease which existed. It was agreed between the two ladies that if Mrs. Wilmarth bought the house it would be leased to Mrs. Rehmer. Mrs. Wilmarth made it…