City Sales Agency, Inc. v. Smith

Citations

• 126 Miss. 202
• 88 So. 625

Syllabus

<p>Commerce. Sale of motor trueles by order through cegent of foreign corporation resident in state held interstate commerce.</p> <p>Where two motor trucks are sold in this state by an order through an agent of a foreign corporation and such- order was subject to acceptance, and was accepted by the foreign corporation at New Orleans, La., the transaction is in interstate commerce, and our statute against doing business in this state, section 935, Code of 1906, section 4111, Hemingway’s Code, without first complying therewith by recording the charter, is not applicable to interstate commerce- transactions; and this is true even though the soliciting agent resides, in this state, and receives, delivers, and demonstrates the trucks to the purchaser and receives part cash with written security for the balance át a place within the state, because such application would be a restriction on interstate commerce contrary to the federal Constitution,</p>