OCR Text |
Show r r' ' 5 THE DAILY RECORD PAGC FOUR WEDNESDAY, AUGUST IS, 197S Office of Attorney General potential distributor, pursuant to the agreement, is given an exclusive territorial basis in Which to sell the company's butors that the annual The products to users and consumers. operation the distributor sells the When income they is quite substantial and their expect to receive from may in fact has been represented to be, in at least one instance, in the neighborhood of $100,000.00 v in truth and in fact, the defendant necessary materials for the manufacture of candles, hereinafter when, referred to as "packages" , to the prospective ledge as to what the home manufacturer, he then receives a commission from Scent of the West on that sale. The manufacturer wishes to purchase the manufacturer, home at an agreed price, subject to the candles meeting quality specifications. manufacturer that the company all no guarantee represented to the potential will repurchase candles in which the home the from home r is able manufacturer that the defendant will repurchase on a perpetual, This 1 be, and in any establish sales outlets for the sale of candles, there can be distributor then agrees to repurchase the completed candles from the home manufacturer income would - to produce which meet' certain specifications, on a perpetual basis, when, in truth and in fact, unless the defendant is able to I necessary for the manufacture of candles to the potential home manufacturers After selling the materials in order to begin his operation. The defendant has C. ufacture of candles ranges from $500 to $4,000 depending upon the home know- . event, has greatly exaggerated the potential earnings; and 'selling price of the various "packages" for the man- quantity of materials the potential annual has no basis or basis from the never-endi- ng completed candles home and manufacturer; repurchase agreement is perpetual in that the distributor will D. continue to purchase completed candles from various home manufacturers as long as the candles. pours or "batches" of candles per day in each mold, when, in candles are then transferred to Scent The completed of the West, Inc. for sales truth distribution. and and in fact, the amount of candles that Home Manufacturer The home manufacturer, pur- . and wax necessary-fo- E. Scent of the West, Inc., salesmen, and upon manufacturing the candle will then resell the distributor in his area. candle to the in purchasing the various "packages" for ti'.e water j.i:ln based' upon the information and ufacturer- autity . its distributors, The from $500 to $4,000. agrees to purchase The all candles by the home manufacturer pursuant to the home man- - when in truth and in fact, this is not the case. The defendant has knowingly perpetrated and will m in the State of Utah in violation of U.C.A. trade or commerce 13-11- et seq., to the irreparable on , distributors continue to perpetrate said acts or practices in the conduct of of prices "v;-ew.;jes- " Defendant represents to potential to conduct his operations, 8. The home manufacturer, belief, range in price company, through manufact"'- . in and that the distributor will be granted exclusive territory in which completed :aay pay a number is greatly exaggerated, r the manufacture of candles from either the distributor, or one of the defendant's. mold particular be produced fact not true. suant to an agreement entered into by him and Scent of the West, Inc. , agrees to purchase the various materials may i each day from a B. maru- -. facturers that the manufacturer will be able to produce four manufacturer continues making home Defendant represents to potential home -1, .harm, damage, and injury of , i , the public welfare of the State of Utah unless restrained enjoined by this Court. t ahd ! .qreetnent. PRAYER ACTS COMPLAINED WHEREFORE, OF FOR RELIEF as follows: plaintiff prays f 7. . The defendant, while engaged in the retail sale of distributorships to consumers in the state of Utah has engaged in acts or practices which are unfair or deceptive to the con- - That the defendant be permanently restrained and 1. enjoined from soliciting through advertising or any other methods its in the State of Utah. programs i sumer in violation of the Utah Utah Code Annotated, in Consumer That defendant be permanently restrained and 2. Sales Practices Act, that the defendant has in the past, is joined from selling any of currently, are unfair or deceptive to the consumer in the following manner: A. The defendant represents to the potential distributor andor home manufacturer tacted has made agreements and in fact that the defendant has defendant would produce, ntacts regarding the When retail in truth and in fact, the co- gerated, that as of this date there have been no agreements retailers to purchase the defendant's candles, tailers, whon have never been contacted concerning the the defendant's candles ;( o B. removed from exag- with bbligation entered into with any and all Utah, consumers. 5. retail sale of For the appointment of a receiver during the this action, and for such period of time as is necessary citizens of Utah. For such relief as the 'court deems just. Dated this day of August, 1973. VERNON B . represents to potential distri- - pen- for the return of any monies awarded to the plaintiff or other 6. cc-i-tacte- That defendant be required to pay any contractual and The defendant the State by the defendant without the consent of the plaintiff. dency of and some re- - the defendant has represented as having been . That the assets of defendant's corporation locaved in the State of Utah will not be encumbefed or 4. that the sales of the candles are greatly u-nh- con- retail stores with various throughout the United States to purchase the candles any 3. will continue to engage in acts or practices which programs in the State of i i and its en- ROMNEY Attorney General equitable and |