Concessionaire

“ The wholesale trade is conducted by three classes of persons: dealers or merchants, commission men, and brokers. The dealer is one who buys the goods outright and takes his own risk on making a favorable sale to the retailer. The commission man is one who receives the goods, sells them at such price as he may be able to obtain and remits to the seller the amount obtained less expenses and his commission. The broker is a man who effects a sale without coming in contact in any way with the materials sold. ”

“ In England, or in any other great mercantile country, the bulk of the things which are bought and sold, goes through the hands of a wholesale dealer, and it is he who higgles and bargains with an entire nation of purchasers, by entering into treaty with retail sellers. ”

“ The railroad, the theatre, the inn-keeper, are as fairly in trade, as fairly merchants, as the ship-master, the banker, or the broker. A mercantile contract is not necessarily for the payment of money. A bill of lading is for the delivery of goods; yet it is admitted that the custom governs. ”

“ Instead, then, of attempting merely to learn the dealer's demand for selling points, put part of your effort into learning the demands of the user of the machine. Consumer suggestion or demands are apt to come only after a period of use. Obvious ones are sometimes reported by the dealer, but very often they never come to the manufacturer through the reports of the trade in time to be of service. It took a period of years for the dealer to realize the importance of enclosed moving parts. ”

“ When these concessions are asked for by people who intend to invest money in the country and develop a new industry it is bad enough, but the trouble is that many of these concessions are obtained by concession hunters who have barely enough money to put up as the necessary guarantee. These people, hearing of the possibility of some company starting a new industry here, immediately ask for a concession covering the industry, put up the few hundreds or thousands necessary to secure the concession, and then sell out at an enormous profit to the prospective manufacturer. ”

“ The notice of an application for a franchise is required to state that sealed bids will be received for the franchise 'up to a certain hour and day named therein' (§ 3) , and also to state that the franchise 'will be granted to the person, firm, or corporation who shall make the highest cash bid therefor;' and any bid may be raised not less than 10 per cent 'above the highest sealed bid,' and the franchise finally struck off, sold, and granted to the 'highest bidder.' (§ 5) . ”

“ Economic arrangements between companies standing in a supplier-customer relationship are characterized as 'vertical.' The primary vice of a vertical merger or other arrangement tying a customer to a supplier is that, by foreclosing the competitors of either party from a segment of the market otherwise open to them, the arrangement may act as a 'clog on competition,' Standard Oil Co. ”

“ The commission men are essential in making the sales without which the flow of the current would be obstructed, and this, whether they are made to packers or dealers. The dealers are essential to the sales to the stock farmers and feeders. The sales are not in this aspect merely local transactions. ”

“ When any person takes stock in a railroad corporation, he has entered into a contract with the company, that his interests shall be subject to the direction and control of the proper authorities of the corporation to accomplish the object for which the company was organized. ”

“ Retail dealers, selling the merchandise of others at prices prevailing at particular localities and times shall hand over to the wholesale dealers as much of the sale proceeds and profit as is realised by them. ”

“ So long as the manufacturer does enjoy some such leverage, his marketing of complementary goods through an established system of distributorships will tend to effect some exclusion of competition, whether those goods be distributed by another through a sales-commission plan, or purchased and resold by the manufacturer, or indeed manufactured and sold by him. ”

“ For the purpose of this rule a dealer in securities is a merchant of securities, whether an individual, partnership, or corporation, with an established place of business, regularly engaged in the purchase of securities and their resale to customers; that is, one who as a merchant buys securities and sells them to customers with a view to the gains and profits that may be derived therefrom. ”

“ The forty-fifth section of the revenue law declares that 'any person who shall sell or offer for sale the manufactured articles or machines of other States or Territories, unless he be the owner thereof and taxed as a merchant, or take orders therefor, on commission or otherwise, shall be deemed to be an agent' for the sale of those articles, and shall not act as such without taking out a license therefor. ”

“ The person who is authorized to sell the securities designated in the act is termed a 'dealer' in them, and he shall not sell or offer them for sale until he shall have filed a list of the same in the office of the Commission. ”

“ Whenever a local dealer consigns a car load of wheat to a responsible merchant he can deposit the bill of lading with his banker and draw upon the merchant for some 90 per cent of the value of the grain, providing the dealer has [280] hedged so that there is no chance of loss. The banker will honor the dealer’s checks and hold the credit of the merchant as collateral. ”

“ The carload shipments are made on directions specifying as the point of destination the place where delivery is to be made from the wholesaler to the purchaser. In some cases the wholesaler, in other cases the purchaser, is named as consignee. ”

“ There is no fixed price for any article, and a dealer would be disappointed if you purchased at the first figure demanded, because it would prevent him from showing his ability at negotiation. Residents tell you that you must not pay more than half the price asked, and must dicker until the merchant comes down to your figure. ”

“ Trading, manufacturing, and railroad corporations are all engaged in the transaction of business with regard to articles of trade and commerce, each in its special sphere,-either in manufacturing or trading in commodities, or in their transportation by rail. ”

“ In conducting a procurement activity leading to the award of a large value works concession contract, a contracting authority may specify in the relevant works concession notice and tender dossier that tenderers are required to specify in their tenders the percentage, if any, of the total value of the concerned works or work that the tenderer intends to assign or subcontract to other economic operators. ”

“ IMPLIED WARRANTY WHERE THE SELLER IS A DEALER.—The next grade below a manufacturer is a dealer in that sort of goods. He cannot have the same knowledge as a manufacturer, but still, a dealer in goods of a particular kind is much more competent to judge of their quality than an ordinary buyer and therefore a dealer also, unless there is special reason to suppose the buyer did not rely on his own judgment, will be held to warrant that the goods are merchantable. ”

“ For example, a manufacturer of hardware selling direct to the retail trade found that his strongest competitor's policy was to sell to every dealer who would buy and to offer no exclusive sales arrangements, while he himself made a success by offering his goods only under exclusive sales agencies. ”

“ A typical buy-and-sell arrangement is one under which the carrier 'buys' property at a shipping point, transports it to a delivery point and there 'sells' it to the real purchaser, the 'profit' to the carrier amounting to the price of the transportation between the two points. ”

“ The consignee agrees 'to sell only to the designated retail agents of said proprietor, as specified in lists of such retail agents furnished by said proprietor, and alterable at the will of said proprietor.' A further provision permits sales 'only to the said retail or wholesale agents of said proprietor, as per list furnished.' No time is fixed for the duration of the agreement. ”

“ Any railroad company, express company, or other common carrier, or any other person who, in connection with the transportation of any * * * intoxicating liquor * * * from one state * * * into another state, * * * shall collect the purchase price or any part thereof, before, on, or after delivery, from the consignee, or from any other person, or shall in any manner act as the agent of the buyer or seller of any such liquor, for the purpose of buying or selling or completing the sale thereof, saving only in the actual transportation and delivery of the same, shall be fined,' etc. ”

“ The merchant or manufacturer protects himself against his risk of loss by making another addition to the price of the goods he sells. Usually the goods pass through several hands; those of the jobber, the Western or Southern wholesale dealer, and the retailer, before they reach the consumer. ”

“ I had the envelope in my pocket containing the note and the cheque when I reached the club for lunch; and that afternoon I played bridge [Pg 117] so disastrously that I was glad I had not posted it.
After all (so my thoughts ran, as I destroyed the envelope and contents) such bargains are all part of the game. Buying and selling are a perfectly straightforward matter between dealer and customer. The dealer asks as much as he thinks he can extort, and the customer, having paid it, is under no obligation whatever to the dealer. ”

“ Small dealers in both countries have complained very bitterly of the competition they suffer from the general dealers and from stores made up of departments which, under one roof, offer to the consumer every imaginable sort of merchandise. ”

“ One clause of the contract prohibits him from soliciting trade, directly or indirectly, in the territory 'of other agents;' another, that he will bind 'all subvendors or agents' to sustain the etablished retail prices of the company; and still another imposes restrictions upon the sale of his 'appointment or agency.' The agreement constituted him the sole agent of the company for the sale of its machines within a certain territory. It is true that the machines he undertook to sell were to be purchased by him from the company at a large discount. ”

“ Each sale is the result of individual bargaining between a refiner and his customers, sales under long-term contracts not being included. It is a 'spot' market because shipment is to be made in the immediate future-usually within ten or fifteen days. ”

“ Yet a requirement contract may escape censure if only a small share of the market is involved, if the purpose of the agreement is to insure to the customer a sufficient supply of a commodity vital to the customer's trade or to insure to the supplier a market for his output and if there is no trend toward concentration in the industry. ”

“ In manufacturing, mining, and many wholesale trades, employers' associations have held annual or more frequent meetings at which agreements have been made as to prices, amount of production, terms of sale, length of (p. 295) credit, and other such matters. In some cases formal combinations have been made of all the operators in one trade, with provisions for enforcing trade agreements. In such a case all competition comes to an end in that particular trade, so far as the subjects of agreement extend. ”

“ Commission merchants receive and sell goods belonging to others for a compensation called a commission. A selling agent is a person who represents a manufacturing establishment in its dealings with the trade. The factory may be located in a small town, while the selling agent has his office and samples in the heart of a great city. As regards the quantity of goods bought or sold in a single transaction, trade is divided into wholesale and retail. The wholesale dealer sells to other dealers, while the retail dealer sells to the consumer—that is, the person who consumes, or uses, the goods. ”

“ In other cases, except a natural Vingt-un happen, the dealer pays single stakes to all whose numbers under twenty-one are higher than his own, and receives from those who have lower numbers; but nothing is paid or received by such players as have similar numbers to the dealer. When the dealer draws more than twenty-one, he pays to all who have not thrown up. In some companies ties pays the dealer. ”

“ The makers did not essay digging into the dealers’ and distributors’ plans for moving cars delivered to them for cash from the factories, and they were not bold enough to say they could finance any time payment and chattel mortgage plans. But many of them admitted the great value of the plan, if a distributer, through a proper alliance with his banker, could make sales in that manner and realize his money. The public learned well, early, that the maker of cars rarely consigned any automobiles to a dealer. ”

“ If it be allowable to purchase steamers plying in conjunction with the railway; it must be allowable to purchase merchant vessels to trade in conjunction with it; it must be allowable to set up a yard for building such vessels; it must be allowable to erect depôts at foreign ports for the receipt of goods; it must be allowable to employ commission agents for collecting such goods; it must be allowable to extend a mercantile organization all over the world. From making its own engines and carriages, a Company may readily progress to manufacturing its own iron and growing its own timber. ”

“ Every extended vertical arrangement by its very nature, for at least a time, denies to competitors of the supplier the opportunity to compete for part or all of the trade of the customer-party to the vertical arrangement. ”