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CTC also was responsible for Pioneer commissions. In
October 1975, Pioneer confirmed a telephone conversation with
Mrs. Meier concerning a commission and requested instructions
regarding payment. CTC and Pioneer corresponded in December 1975
and the following month concerning commissions on certain orders.
In a letter dated February 18, 1976, Mrs. Conway, of CTC,
requested payment of a commission in the amount of $232,615.80
payable to Diesel Power and further stated: "There should be no
mention of the source of this request, i.e., Caspian Trading
Company." The letter also requests issuance of a commission
check in the amount of $56,161.89 payable to CTC. A memo to the
file dated June 1, 1976, summarizes commissions from Pioneer.
Regardless of the direct dealings between Diesel Power and
Pioneer, petitioner was in control of the distributor agreement
with Pioneer. On December 19, 1974, Pioneer wrote to CTC as
follows:
we should bring the Distributor Agreements up to date; and
in reviewing this, we note that our agreement form is the
old form of Pioneer Engineering rather than Pioneer Division
of PORTEC. This in itself would be OK; however, the
existing agreement was executed between ourselves and
Caspian Trading of Columbus.
In the file on your company there is a letter dated
July 30, 1959, to Diesel Power Trading pointing out that our
distributor in Iran is actually Diesel Power Trading and
because of this, it would be more proper to have the
agreements made out in that name rather than Caspian
Trading.
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