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store scrap metal.2 The sales of scrap metal continued into
1992.
John sold the scrap metal to Dix Scrap Iron & Metal Co. (Dix
Scrap). John contacted the president of Dix Scrap, John Brooks,
to arrange the sales of the scrap metal. In general, when Dix
Scrap bought scrap metal, it would pay by either cash or check,
although use of a check was more convenient for Mr. Brooks. When
John arranged the sales of scrap metal to Dix Scrap, he
specifically asked Mr. Brooks to pay in cash, and Mr. Brooks did
so. John was the only individual associated with Simco with whom
Mr. Brooks dealt.
Dix Scrap hauled the scrap metal from the Simco plant,
weighed it, and wrote out a weight ticket for each load. Each
weight ticket indicated the date, the type of scrap metal, the
weight, the unit price, and total price. Every week or two, John
would go to Dix Scrap to collect payment for the scrap metal. He
would sign the accumulated weight tickets and take the tickets
and the cash. Dix Scrap did not send copies of weight tickets,
or a statement of the sales, to Simco. Further, John did not
request such documentation to be sent to Simco, and Mr. Brooks
did not think he was supposed to supply any such documentation.
2 Simco’s main building, which was known as the Buchanan
building, contained the main offices and the production
facilities. John worked in the Prospect building. The Prospect
building contained the purchasing and shipping facilities.
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