Automatic Comfort Corporation v. D & R Service, Inc., 620 F. Supp. 1349 (D. Conn. 10-28-85), and 627 F. Supp. 783 (D. Conn. 2-14-86)

Definition quoted. The court granted plaintiff/landowner/ fuel supplier a declaratory judgment holding that defendant, its commission agent, was not a franchisee because defendant was neither a distributor nor a retailer as defined in the PMPA. Plaintiff never acquired title and stood no risk of loss. He did not decide what to purchase or how much to pay or charge for gasoline sold.