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Tim the Toolman and his assistant Al host a cable television do-it-yourself program together. Although from the show it would appear that the two of them have a partnership, in actuality Tim runs this as a sole proprietorship. Al, although extremely handy with the tools, is specifically not allowed to enter into any contracts on behalf of the show. In March, the show invites the CEO of Binford Tools to the show. At the end of taping, Binford CEO asks Tim and Al if they would like the show to be enrolled in the Tool of the Month club for only $49.99 a month. Tim responds sarcastically, although the Binford CEO doesn't recognize the response as being sarcastic, "Why don't you ask Al about it? He knows everything this business needs. Don't you Al?" 

Reference no: EM131029404

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