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ED. MCKEAN OLDSMOBILE CO. v. PITTSBURGH (04/17/62)

April 17, 1962

ED. MCKEAN OLDSMOBILE CO.
v.
PITTSBURGH, APPELLANT. ED. MCKEAN OLDSMOBILE CO. V. PITTSBURGH SCHOOL DISTRICT, APPELLANT.



Appeals, Nos. 37, 38, 48 and 49, March T., 1962, from orders of County Court of Allegheny County, Nos. A. 1576 of 1959, and A. 480 of 1960, in cases of Ed. McKean Oldsmobile Company v. City of Pittsburgh and David A. Smith, Treasurer, and McKean Oldsmobile Company v. Same, and Ed. McKean Oldsmobile Company v. School District of City of Pittsburgh and David A. Smith, Treasurer, and McKean Oldsmobile Company v. Same. Orders affirmed.

COUNSEL

Regis C. Nairn, Assistant City Solicitor, with him David W. Craig, Solicitor, for City of Pittsburgh, appellant.

Edmund W. Ridall, Jr., Assistant Solicitor, and Niles Anderson, Solicitor, for school district, appellant.

Maurice Chaitkin, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Musmanno

[ 407 Pa. Page 107]

OPINION BY MR. JUSTICE MUSMANNO

In Pittsburgh the Oldsmobile Division of the General Motors Corporation has established what is known as a Car Locator System, that is to say, in a certain

[ 407 Pa. Page 108]

    office a file of cards is maintained with a description of every Oldsmobile automobile available for sale by all the dealers in the Pittsburgh Zone, which covers half of Pennsylvania, and part of West Virginia, Ohio and Maryland. Under this system any Oldsmobile dealer who does not have the particular car which a prospective customer is seeking asks the Oldsmobile Zone Office if that car is in stock in any other nearby dealer's place of business. If it is, the inquiring dealer then communicates with the possessing dealer and they agree between themselves as to how the transfer of the desired car is to be effected.

The transfer can be arranged in one of several ways:

1. Dealer A, the inquiring dealer, may deliver to Dealer B, the possessing dealer, a car of a similar model in exchange for the car he wishes. This would result in an even exchange of inventory.

2. Dealer A could supply Dealer B with a car of a different model and style from the one he is seeking, and the difference in price of the cars, if any, would be adjusted through cash ...


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