Merrill

The Department of Motor Vehicl (Department) appeals from a judgment granting a writ mandate commanding it to set aside a decision denying í application for a motor vehicle dealer’s license.

Clifford L. Merrill and Harold E. Morris, dba The Me chandiser, a copartnership (Merchandiser), operate what commonly known as a membership discount house. In additk to selling furniture, appliances and household goods, Me chandiser offers new automobiles to its members by means an arrangement with several franchised automobile deale whereby the dealers sell automobiles to customers referred 1 Merchandiser for less than the normal retail price.

The record shows that Merchandiser’s method of doir business was substantially as follows. It would obtain from i member-customer upon a printed form a detailed descriptic of the type of automobile and accessories which the membi desired to purchase. Its salesman would then fill in the whol sale price of the car and the accessories, adding a marku which had been agreed upon between Merchandiser and tl dealer. The salesman would give one copy of the form to tl customer in a sealed envelope, send one copy to the dealer an keep one copy. The customer…