Anheuser-Busch wholesalers in that region have not sold in each other's territory.
29. Each wholesaler in the eastern region has a copy of the map of his designated territory.
30. Anheuser-Busch salesmen have access to the wholesaler's records which shows the names and addresses of the wholesaler's customers and the sales history of each account.
31. In Loyd's experience as Assistant to the Regional Manager, there was only one incident of a distributor in the eastern region servicing someone out of his territory. This happened when an eastern chain store which had one of its stores in a neighboring town elected to buy all of its beer from a smaller wholesaler in that neighboring town, trucking the beer back into Houston to its stores there. The wholesaler in Houston complained to Anheuser-Busch, after unsuccessfully trying to work the problem out with the smaller wholesaler. Anheuser-Busch personnel visited the smaller wholesaler. Thereafter, the smaller wholesaler did not sell beer to the Houston chain store.
Findings of Fact as to Damages
32. The time period in which damages have been sustained begins in February of 1969 and continues to the present. Todhunter-Mitchell attempted to purchase Budweiser beer from National Brands in February of 1969, but Anheuser-Busch prevented such a sale to the plaintiff. To date, Todhunter-Mitchell has been unable to purchase Budweiser from an Anheuser-Busch distributor in the United States.
33. If not precluded by the restraint imposed by Anheuser-Busch, plaintiff would have purchased wholesale quantities of beer from National Brands in Miami, Florida. Due to the close proximity of this wholesaler to the plaintiff's business in the Bahamas and the expressed interest of National Brands in selling beer to Todhunter-Mitchell, this distributor is the most logical source for the purchase of Budweiser by the plaintiff. The purchase of beer from the New Orleans distributor, through the plaintiff's wholly owned ship's chandler's business located there, represents a single, isolated transaction precipitated by the necessity of dispensing large quantities of beer diverted to the New Orleans wholesaler. Although further purchases from the New Orleans distributor by Todhunter-Mitchell was certainly possible, National Brands appears to be the most reasonable source of purchase of Budweiser by Todhunter-Mitchell.
34. National Brands' regular price to resellers for Budweiser from 1969 to the present has been $4.80 per case for no-return bottles and $4.95 per case for cans. These prices include Federal tax of $.65 per case and Florida State taxes of $.96 per case.
35. Absent the territorial restraints of National Brands, Todhunter-Mitchell would have purchased Budweiser from National Brands at the above-stated prices. There is no evidence on the present record in which the Court could reasonably conclude that National Brands would sell beer to Todhunter-Mitchell at prices different from those charged other purchasers.
36. Because the beer would be shipped out of the country, the $.65 per case Federal tax and $.96 per case state tax would not be applicable. For this reason, the total of $1.61 in taxes must be deducted from the prices charged by National Brands in computing Todhunter-Mitchell's lost profits. This reduction would establish a price of $3.19 per case for no-return bottles and $3.34 per case for cans.
37. The average price, computed by taking into account the Todhunter-Mitchell mix of cans and bottles, is $3.33 per case.
38. From February until July of 1969, the cost of ocean transportation, duty, and stamp tax totaled $1.17. From August of 1969 to the present, this cost would amount to $3.17 per case.
39. In addition to the above-enumerated expenses, Todhunter-Mitchell would have incurred a selling and delivery cost of approximately $.25 per case. This figure is computed on the basis of Todhunter-Mitchell selling between 10,000 and 20,000 cases per year. This expense would be relatively constant over the five-year period in question here.
40. During the period of February to July of 1969, plaintiff's total cost of sales would have been $4.75 per case. From August of 1969 to the present, the total cost of sales would be $6.75 per case. The total cost of sales must be deducted from the selling price to determine lost profits per case.
41. The average price per case at which Todhunter-Mitchell would have sold Budweiser in the Bahamas is as follows:
Period Price Per Case
February to April, 1969 $5.15
May to July, 1969 5.26
August, 1969 to December, 1970 8.24
January to July, 1971 8.35
August, 1971, to the present 7.96
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