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expensive product lines but not product lines that would compete
directly with Foretravel. The resulting dealership was named
Pacific Northwest Motorhomes (Northwest). Northwest stocked at
least one line of motor homes other than Foretravel.
The agreement between petitioner and Northwest provided that
they were "independent contractors as to each other and not
otherwise". The agreement required petitioner to deliver three
units per quarter, and required Northwest to maintain an
inventory of parts and accessories and an inventory of coach
models in a clean and orderly condition. The agreement also
required Northwest to maintain a regular place of business and
display units for sale while promoting and advertising Foretravel
within Northwest's established territory. The parties modified
the original agreement to require Northwest to purchase 12 units
in the first year, 18 units the second year, and 24 units for the
remaining 3 years. Petitioner did not perfect a security
interest under Idaho law in the units shipped to Northwest on
credit.
Between 1983 and 1985, Northwest grew rapidly, added a
second location, and soon became one of the largest dealers in
that geographic region for high quality coaches. In 1985,
Fishfader became interested in another dealership in Spokane,
Washington, so he and Nicholson made arrangements to purchase the
Spokane dealership.
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Last modified: May 25, 2011