Petschl v. Century 21 Corp.

377 P.2d 991, 61 Wash. 2d 276, 1963 Wash. LEXIS 440
CourtWashington Supreme Court
DecidedJanuary 17, 1963
DocketNo. 36565
StatusPublished
Cited by2 cases

This text of 377 P.2d 991 (Petschl v. Century 21 Corp.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petschl v. Century 21 Corp., 377 P.2d 991, 61 Wash. 2d 276, 1963 Wash. LEXIS 440 (Wash. 1963).

Opinion

Hamilton, J.

Plaintiffs, in the Superior Court of King County, sought, by writ of mandamus, to compel defendant, Century 21 Corporation, Inc., to award to them, as Northwest Meat Purveyors Association, a corporation, upon the basis of their bid, a contract as exclusive meat suppliers at the Seattle World Fair.

At the conclusion of plaintiffs’ evidence, the trial court granted defendant’s motion to dismiss. Thereafter, the trial court entered findings of fact, conclusions of law, and judgment of dismissal.

Plaintiffs seek review of the trial court’s action by writ of certiorari.

The findings of fact, to which no error is assigned, are, in pertinent parts:

“2. . . . Century 21 Exposition, Inc. is a Washington corporation organized under the provisions of R.C.W. Chapter 24.04, the specific authorization for such incorporation being set forth in R.C.W. 43.96.040. The articles of incorporation . . . contain specific authorization empowering the defendant to grant or sell rights, privileges and licenses. The State of Washington, through its Department of Commerce and Economic Development, has expended funds for the promotion of and the participation by the State of Washington in the Seattle World’s Fair, the operation of which is the defendant’s principal business purpose but the State of Washington has paid no monies to the defendant corporation.
“3. On or about January 26, 1961 the defendant caused to be directed to twelve firms engaged in the meat packing and wholesaling business, such firms representing substantially all of such firms in the Seattle area and including the Northwest Meat Purveyors Association, letters identical in content requesting bid proposals from the recipients for the right to be designated the exclusive wholesale supplier of miscellaneous fresh, canned and smoked meats and meat products to the private entrepreneurs holding food and beverage concessions on the fair grounds pursuant to licenses therefor granted by the defendant.
“4. That the bid proposals requested by the defendant in said letters of January 26, 1961 were to contain specific proposals by the bidders and were to be evaluated by defendant on the basis of the following factors:
[278]*278“(a) A statement of policy governing the proposed domestic exclusive supply of miscellaneous meat products;
“(b) A detailed statement on bidder’s organization and financial responsibility;
“(c) Cash bonus offered to defendant for the privilege of being the exclusive wholesale supplier of miscellaneous meat products;
“(d) Percentage of gross revenue from the wholesale merchandising of miscellaneous meat products which would be offered to defendant as a royalty in addition to the cash bonus;
“ (e) Tie-in advertising offered for the promotion of the Seattle World’s Fair;
“(f) Exhibit participation by supplier in the Seattle World’s Fair;
“ (g) Sponsorship of concession featuring designated supplier’s products;
“(h) Underwriting participation by supplier in the financing of defendant;
“(i) Specific miscellaneous meat products proposed to be supplied;
“(j) Other factors for consideration by defendant; and that each of said letters of January 26, 1961 reserved the right in defendant to reject any and all proposals.
“5. In response to said letters of January 26, 1961 the defendant received two written bid proposals, that of Seattle Packing Company and that of Northwest Meat Purveyors Association. At the request of Northwest Meat Purveyors Association, the defendant did defer the awarding of any contract beyond the date indicated in the letters of January 26, 1961 to give to Northwest Meat Purveyors Association an opportunity to amend its bid proposal as originally submitted and the defendant did receive from Northwest Meat Purveyors Association two amendatory proposals dated March 10, 1961 and March 16, 1961, respectively.
“6. The proposal, as amended, submitted by Northwest Meat Purveyors Association to defendant contained the following points:
“(a) Payment to defendant by way of royalty of 4.5% of the gross wholesale meat business done or 50% of the net profits whichever might be the greater;
“(b) Payment to defendant as a cash advance on the above royalties of $15,000;
“(c) Arrangement through a competing meat packing [279]*279firm for a program of local and national tie-in advertising;
“(d) Note participation in the defendant’s underwriting program in the amount of $25,000;
“(e) Rental of exhibition space in an amount to be negotiated.
“7. The original and only proposal as submitted by the bidder to whom the contract was ultimately awarded contained the following points:
“(a) Payment to the defendant by way of royalty of 2% of the gross wholesale meat business done;
“(b) Payment to the defendant as a cash advance on the above royalty of $20,000;
“(c) Tie-in advertising through bidder’s established advertising program on local and national basis;
“ (d) Note participation in defendant’s underwriting program in the amount of $25,000;
“(e) Rental of exhibition space in the amount of 1,500 square feet.
“8. The officers and employees of defendant responsible for the evaluation and awarding of a contract for the exclusive right to sell meats and meat products to concessionaires on the fair site considered the proposal of Northwest Meat Purveyors Association and both amendments thereto and did evaluate both bids received in the light of each factor listed in the letters of January 26, 1961.
“9. At the time the contract was awarded by defendant, the percentage upon which the royalty ultimately to be paid to defendant was to be based was not considered by the defendant’s officers as the most important factor in evaluating the bids received.”

The conclusions of law, to each of which plaintiffs have assigned error, are as follows:

“1. If the defendant corporation were to be characterized as an agency of the State of Washington, R.C.W. Chapter 43.19 does not govern the method by which an agency of the State of Washington shall grant licenses, concessions or any other rights for consideration.
“2. If the defendant corporation were to be characterized as an agency of the State of Washington, the letting of the contract in question by the defendant was not fraudulent nor did it involve arbitrary or capricious action on the part of the defendant or its officers and employees.
“3. The defendant corporation, Century 21 Exposition, Inc., is a private, nonprofit corporation with all of the rights, [280]*280liabilities and incident duties of any other corporation formed under the provisions of R. C. W.

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Related

Ago
Washington Attorney General Reports, 1996
Associated Gen. Contractors of Washington v. KING CTY.
881 P.2d 996 (Washington Supreme Court, 1994)

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Bluebook (online)
377 P.2d 991, 61 Wash. 2d 276, 1963 Wash. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petschl-v-century-21-corp-wash-1963.