- 4 -
needs of its customers. It also enabled Besco to be more
responsive to its customers' demands. Perhaps the most
significant aspect of possessing "in the yard" status, however,
was the influence that could be had on the purchasing agents of
Besco's customers.
In 1964, Besco began supplying ASI with various chemical
products. Besco attained "in the yard" status at ASI shortly
thereafter. Besco’s business relationship with ASI developed
over the ensuing years, and sales to ASI constituted between 30
and 40 percent of Besco’s total business during the years at
issue. Many of ASI’s departments purchased products from Besco,
including the paint department.
At sometime during the early 1970's, while petitioner was
assistant superintendent of the paint department, petitioner
approached Tubre and inquired about the possibility of selling
Besco products to customers other than ASI. Tubre approved of
this idea and verbally authorized petitioner to represent Besco
and market its products. Tubre’s consent to petitioner’s request
was motivated by Tubre's desire to expand Besco.
Petitioner was unsuccessful in generating orders for Besco’s
products from sources outside ASI, and his efforts eventually
ceased. Subsequently, petitioner approached Tubre and requested
that Besco pay petitioner an unspecified amount for petitioner's
involvement in causing ASI's paint department to purchase
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011