Salt Lake Telegram | 1932-07-14 | Page 9 | Buyer Claims Refund Share

i BUYER CLAIMS REFUND SHARE Auto Purchaser Sues to ColI Collect Col Cot I lect ct Portion of Rebate on Freight Rate In a suit on file in Third district court ourt Harry Cohn of Salt Lake the plaintiff alleges that under a recent interstate commerce commission order order or- or der er the railroads are about to refund or more to local auto firms as excessive freight charges paid over ver a period of ot four years I Since the freight was paid by purchasers pur pur- chasers of automobiles and not by the dealers the complaint sets forth the Individual buyers and not the auto firms are entitled to whatever refunds re- re funds may be made The plaintiff specifically names the Botterill Automobile company and andle the le Union Paci Pacific ic railroad as defendants ants in the suit alleging that he purchased an automobile from the firm irm and in ha addition to the actual price rice o of othe the car paid a fixed charge for or freight The refund due under the thc commerce commerce com corn merce commissions commission's decision he states is claimed by the automobile firm rm but rightfully belongs to himo him No o stated sum is specified in the com corn plaint as Mr Cohn explains he does docs not ot know the amount of ot the purported pur pur- ported refund due Plaintiff states In the complaint I that lat he represents all persons affected af af- by the reparations order but buthe buthe butle he le names no because he explains he is unable to estimate the number umber or learn the identity of others oth oth- ers rs who might be entitled to the re- re funds The complaint estimates the amount mount of the refunds at more than but admits that the plaintiff plain plain- tiff iff has no knowledge of the actual sum um supposedly due from the rail- rail roads oads