Hessig-Ellis Drug Co. v. Sly

Citations

• 83 Kan. 60
• 109 P. 770
• 1910 Kan. LEXIS 470

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Transaction Held to be a Sale — Place of the-Contract — Foreign Corporation — Authority. A contract by a foreign corporation to deliver goods on board of cars in another state, consigned to parties in this state, upon their-order, and containing stipulations for the advertisement of' the goods by the consignor and for the return upon certain conditions of goods unsold, is examined, and it is held, (1) that there was a sale of the goods so delivered, and (2) that, the transaction was not “doing business in this state” re-, quiring a certificate of authority as provided in section 1726-of the General Statutes of 1909.</p> <p>2. Practice, Supreme Court — Motion to Dismiss Appeal — Issue-Determinable in the Trial Court. An action by such foreign corporation for the price of goods so delivered under the contract referred to was dismissed for want of authority to do. business in this state. After an appeal had been taken from that order the goods were shipped back to the consignor, but, were not accepted. It is held, that a motion to dismiss the. appeal because of such return can not be sustained. The matter is defensive, to be determined in the district court if presented there in the usual course of practice.</p>