Through radio and television, the defendants stores advertised a top quality . . . Queen Anne Console
Question:
Through radio and television, the defendant’s stores advertised a “top quality . . . Queen Anne Console Magic Stitcher” sewing machine, along with a sewing chair, for the “close-out price of just $29.50.” Under the sales plan, a “lead person” would accept the customer’s order, taking a deposit as small as 25 cents. After that, a demonstrator would visit the customer and “kill the sale” by having the machine jam in use. The demonstrator would also say that the customer could lose an eye if the machine jammed. Then the demonstrator would attempt to “step-up” the sale and persuade the customer to buy a higher-priced machine. In about 19 months, only 26 of the advertised machines were sold, although 10,951 customers entered into conditional sales contracts for such machines. The 26 advertised machines were sold at a time when the defendants had received complaints from a television station and the Better Business Bureau. The defendants were prosecuted for conspiring to sell merchandise by means of deceptive and misleading advertising. The prosecutor gave evidence that the defendants never intended to sell the advertised machines, which actually cost them $45 each. Are the defendants guilty as charged? (People v. Glubo, Exelbert, Epstein, and Atlantic Sewing Stores, Inc., 158 N.E.2d 699)
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