United States v. Fortier

United States Supreme Court

342 U.S. 160

United States  v.  Fortier

 Argued: Oct. 10, 1951. --- Decided: Dec 11, 1951

Where Veterans' Emergency Housing Act was specifically repealed by Housing and Rent Act of 1947, saving provision of Veterans Act that liability incurred or offenses committed prior to termination of Act would remain in force, could not be relied on to sustain actions by United States against contractor to make restitution to veterans for sums received from sale of houses after repeal in excess of maximum sales prices established before repeal by Federal Housing Administration. Veterans' Emergency Housing Act of 1946, 50 U.S.C.A.Appendix, § 1821 et seq.; Housing and Rent Act of 1947, §§ 4(a), 202(c)(1)(B)(3)(A), 50 U.S.C.A.Appendix, §§ 1884(a), 1892(c)(1)(B)(3)(A); 1 U.S.C.A. § 109.

Where Veterans' Emergency Housing Act of 1946 contained detailed authorization for price restrictions on houses and for priorities on building materials and when that act was repealed in 1947, Congress provided for veterans' preferences in sale and rental of housing and for rent ceilings on certain accommodations constructed with assistance of priorities secured under the 1946 Act, Congress having addressed itself to problem of veterans' housing but having refrained from imposing any price restrictions on sale of houses, restrictions could not be imposed by implication. Veterans' Emergency Housing Act of 1946, 50 U.S.C.A.Appendix, § 1821 et seq.; Housing and Rent Act of 1947, § 1(a), 50 U.S.C.A.Appendix, § 1881(a).

Mr. Oscar H. Davis, Washington, D.C., for petitioner.

Mr. Stanley M. Brown, Manchester, N.H., for respondent.

PER CURIAM.

Notes