American Mercantile Co. v. Circular Advertising Co.

Citations

• 71 Fla. 522
• 71 So. 607

Syllabus

<p>1. Where a party resident in one State sends an agent into another State and there through the agent makes a contract with a party resident in such other State relating- to a matter of regular business, such as the making and sale of a marketable article not forbidden in commerce, which contract contemplates the actual transportation of such article from the State where made directly to the purchaser or his customers or patrons in another State, such a transaction may be regarded as interstate commerce, particularly where a portion of the subject matter of the agreement has pursuant to the contract actually been transported in interstate commerce.</p> <p>2. The right to demand and enforce payment for goods sold in interstate commerce is directly connected with, and essential to,' such commerce and the imposition of unreasonable conditions on such right operates as a burden and restraint upon interstate commerce.</p> <p>3. Where the evidence clearly shows a right of recovery in the plaintiff and there is no evidence to sustain a verdict for the defendant, a verdict for the plaintiff may be directed.</p>