Roden Lightbody, Copartners Under the Name of Lightbody Brothers, Respondents v. William Russell, Doing…

Summary

The New York Court of Appeals reversed the lower court and dismissed the plaintiffs' complaint because they failed to allege that they purchased the tractor for use or consumption other than in the course of trade or business, a statutory condition required under the Emergency Price Control Act. The court interpreted the phrase “in the course of trade or business” according to the Price Administrator’s construction and legislative intent, concluding the plaintiffs, as copartners in a moving business, did not qualify as ultimate consumers for a non‑commercial use.