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FORD MOTOR CO. v. PLASTERER

May 17, 1957

FORD MOTOR COMPANY, a Delaware Corporation
v.
J. A. PLASTERER, Sr., and Plasterer, Jr., co-partners, trading as J. A. Plasterer & Son



The opinion of the court was delivered by: FOLLMER

This suit was instituted by Ford Motor Company, a Delaware corporation, against J. A. Plasterer, Sr., and J. A. Plasterer, Jr., copartners, trading as J. A. Plasterer & Son, defendants. Upon consideration of the pleadings, the testimony of witnesses taken orally before the Court, the exhibits offered by the respective parties, the stipulations of the parties, and the briefs and oral arguments of counsel of the respective parties, the Court makes the following

Findings of Fact

 1. Plaintiff, Ford Motor Company, has been and now is a corporation duly organized and existing under and by virtue of the laws of the State of Delaware and a citizen and inhabitant of said State.

 2. J. A. Plasterer, Sr. and J. A. Plasterer, Jr. have been and now are copartners doing business as J. A. Plasterer & Son and have their principal place of business in the Borough of Highspire, County of Dauphin, and Commonwealth of Pennsylvania, where they have been and now are engaged in the automobile sales, service and repair business.

 3. The amount in controversy and dispute herein exceeds the sum and value of $ 3,000., the good will pertaining to the business of the Ford Motor Company being far in excess thereof.

 4. Plaintiff and defendant duly entered into a 'Ford Sales Agreement' on August 8, 1940, which agreement was amended on August 5, 1949 in particulars not herein relevant.

 5. The pertinent provisions of said agreement are as follows:

 '(10) (c) That, on termination of this agreement, Dealer will immediately remove, at Dealer's expense, all Ford signs from Dealer's place of business and discontinue all advertising of Company products.

 '* * * *

 6. Ford Motor Company by due and proper notice to J. A. Plasterer & Son, and in accordance with the agreement, terminated said agreement as of April 16, 1953. Notice of intention to so terminate was properly given and duly received by J. A. Plasterer & Son on February 14, 1953.

 7. During the term of the agreement, defendant erected on and in front of its place of business an approved Ford Dealer Sign, being a large oval sign, approximately five feet by three feet and ten inches thick, having the word 'Ford' in script prominently displayed on both sides thereof in large white letters, said word 'Ford' being illuminated by neon tube lights likewise in script and the entire sign being outlined with neon tube lights.

 8. On numerous occasions since the termination of the agreement, officers, agents, employees or representatives of Ford Motor Company have requested, both orally and in writing, J. A. Plasterer & Son to remove the sign described in paragraph 7 in accordance with paragraph 10(c) of the agreement.

 9. By May 7, 1954, J. A. Plasterer & Son had painted the word 'Parts' in small white letters beneath the word 'Ford' on said sign. The word 'Parts' was not illuminated as such. By January 24, 1955, J. A. Plasterer & Son had attached a thin metal strip to the top of the sign described in paragraph 7 on which the word 'Genuine' ...


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