CASE DISMISSED: Perry's customer won't get tax back for promotion

Reported by Ashlea Kosikowski – bio |email

WILMINGTON, NC (WECT) - A popular promotion from Perry's Emporium landed the jeweler, Alan Perry, in court for a short time Monday to defend himself.  However, the case was dismissed.

The promotion ran in December. Perry's promised to reimburse customers for jewelry they purchased if it snowed three inches in Asheville on Christmas day. It snowed and Perry's gave away nearly a half a million dollars in jewelry.

One customer claimed in a lawsuit that he wasn't reimbursed by the full amount.  Tom O'Neill of Wilmington bought $7,616 worth of jewelry during the promotion, which ran in the beginning of December.

He claims he was only reimbursed by $7,052.  O'Neill was suing Perry's for more than $564.  It amounts to the sales tax for the jewelry.

Alan Perry, who owns the store, wasn't available for comment.

We talked to O'Neill on the phone. He didn't want to comment on the case either. O'Neill would only say last week that he is looking forward to his day in court.

The case was dismissed early Monday morning in small claims court.

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