City of Kinsley v. Dyerly

Citations

• 79 Kan. 1
• 98 P. 228
• 1908 Kan. LEXIS 175

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Interstate Commerce—Sale and Delivery of Goods by an Agent. In a prosecution for the violation of a city ordinance imposing a license-tax upon persons soliciting orders for the sale of goods, where it is shown that the defendant is the agent of a merchant of another state and carries samples of goods and solicits orders, which he sends to his principal for approval, the mere fact that the principal, after accepting the order, ships the goods to the. same agent, with authority to deliver them to the purchaser and collect the price, will not prevent the transaction from being interstate commerce.</p> <p>2. -■ Same. The right of a merchant of another state to sell his goods in this state carries with it the right to deliver them, and to employ for that purpose any agency he may deem proper, provided that at no time before the delivery the goods become so mingled with the common mass of property here as to deprive the transaction of its interstate features.</p> <p>3. -Burden of Proof—License-tax. In a case like that referred to in the first paragraph, if there be a doubt that the sale was completed by the acceptance of the order by the principal and his shipping the goods, the contrary can not be assumed in order to sustain a conviction. The prosecution must establish its case.</p>