- 5 -
When petitioner picked up the newspapers from the Star
Telegram for delivery, a "draw" sheet was attached to the bundles
of newspapers indicating the number of newspapers to be
delivered. A "draw" is the number of newspapers petitioner
received from the Star Telegram for delivery to subscribers on
his delivery route. Normally petitioner was given extra
newspapers. Petitioner used the extra newspapers to replace ones
that were damaged. In addition to the draw sheets provided to
petitioner on a daily basis, each month the Star Telegram
provided petitioner with a circulation statement that indicated
the number of newspapers petitioner was being charged for, the
cost to petitioner of each newspaper, and, after various
adjustments,2 the amount that petitioner owed to the Star
Telegram for the newspapers he received during the month.
Normally petitioner attempted to satisfy his liability to the
Star Telegram by the 15th day of the following month.
Although the circulation statement reflected the number of
newspapers charged to petitioner, it did not indicate the number
of subscribers, or reflect any information regarding subscription
plans. Petitioner had approximately 925 customers in 1991 and
2Adjustments were made for refunds, payments from
subscribers that were mailed directly to the Star Telegram,
surety charges (to insure that petitioner would pay the bill),
charge backs for returned checks (regardless of whether they were
mailed to the Star Telegram or turned over to the Star Telegram
by petitioner), and the application of credits related to special
promotions or discounts.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011