Court says man keeps windfall

By JOHN STANG

The Daily Inter Lake

Should a Kalispell man have received a $1,000 contest prize from a business promotional gimmick?

The man says yes. The Missoula business says no.

Last month, a Flathead County justice of the peace said yes. Bretz RV and Marine plans to appeal the decision.

Sinowa Cruz of Kalispell attended a recreational vehicle and boat show Jan. 16 at the Majestic Valley Arena.

Court records said Cruz entered a written contract with Bretz at the show and made a down payment of $1,000 to buy a recreational vehicle. At that time, Bretz told Cruz it had five financing sources to lend him the money for the rest of the purchase price.

The purchase contract entitled Cruz to make a trip to the "Money Machine" in which he was given a chance to catch a dollar bill - with a specific serial number - among numerous dollar bills blowing about in a windy chamber. He caught the dollar bill with the serial number that gave him a $1,000 prize, a court document said.

A few days later, before the recreational vehicle was delivered to Cruz, Bretz RV and Marine found out that its financial sources would not make a loan to Cruz.

Consequently, Bretz returned the $1,000 down payment, but would not pay Cruz the $1,000 he won in the Money Machine, arguing that the vehicle purchase was not completed.

Cruz took the matter to Justice Court in Flathead County. The court ruled Sept. 14 that Cruz fulfilled his end of the Money Machine contract, which did not put any conditions on the prize money that he had won.

The recreational vehicle contract is a separate contract, the court ruled.

"Bretz elected to rescind the transaction and refund the deposit. That action has no effect on the prize money that Cruz had already won and was entitled to receive," the decision said.

Bretz owner Mark Bretz said the company plans to appeal the decision.

The Money Machine contest was reserved for people making purchases, Bretz said.

Cruz countered that the justice of the peace ruled that two separate contracts were involved, and that he did everything that Bretz required to win the $1,000.

Cruz said: "I'll fight [the appeal]. … They're reneging on the contract."