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and was also forced to accept vehicles loaded with accessories
that were more difficult to sell in its sales area because the
increased price for the accessories made the selling price less
competitive.
HGTG was also forced by SET to pay fees and participate in
multiple-dealer “tent sales” because its allocation of vehicles
was shipped to the tent location rather than to the dealership.
In addition, HGTG was required to sell SET-related companies’
extended service policies and financing with respect to any “tent
sale”. Petitioner consulted SET’s vice president of sales
regarding HGTG’s poor performance, and it was suggested that
Jordan was not an effective manager and should be replaced by Tom
Strickland (Strickland), who was connected with SET. Ultimately,
Strickland, beginning on April 14, 1988, became involved with
HGTG by purchasing 15 percent of its shares and becoming its
president and general manager.
In October 1988, Strickland’s relationship with HGTG ended,
and at that time petitioner found that HGTG’s obligation to the
finance company had not been paid under the floor plan financing
agreement for the cars that had already been sold. HGTG’s
financial problems became public, and petitioner experienced
great stress for which he was treated by a doctor. For the next
several months petitioner was occasionally hospitalized for his
condition, and, upon his July 1989 release from the hospital, he
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