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Jasiak and Cost Less amended the agreement in writing on
February 13, 1987, to prohibit Cost Less from prepaying any of
the balance due on the amount Cost Less owed Jasiak for his stock
and to provide a security interest for the amount Cost Less owed
Jasiak.
Jasiak did not compete with Cost Less after 1986.
4. Inventory
Cost Less had about 75,000 items in inventory during the
years in issue. It kept records of its inventory on a computer
with an inventory control software program. During the years in
issue, as Cost Less received new inventory, its employees entered
the cost of each new item into its computer program. When Cost
Less employees entered the cost of new inventory items, the
computer program automatically changed the amount stated as the
cost of identical items remaining in inventory. For example, if
Cost Less had a water pump in inventory which had cost $20, and
Cost Less obtained another identical water pump for $30, the
inventory program would show the cost of both water pumps as $30.
The Cost Less computer program would then reduce inventory by $30
when the first water pump was sold.
5. Transportation
Cost Less had two pickup trucks to pick up and deliver
parts. Petitioner also sometimes used his 1979 van for Cost Less
errands. Less than a year before trial and at least 6 years
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