Kernchen Co. v. English

Citations

• 70 Pa. Super. 293
• 1918 Pa. Super. LEXIS 234

Syllabus

<p>Corporations — Foreign corporations — Doing business — Interstate commerce — Failure to register.</p> <p>Where a foreign corporation owning patents on ventilators procures the manufacture of such ventilators in Pennsylvania, pays the manufacturer for the work, and sells the ventilators to parties in the State of Pennsylvania, at such prices as it sees fit, such sales do not involve interstate commerce; and if it appears that such foreign corporation maintains an office in Pennsylvania with its name on the door of the office where orders are received, and also keeps a stock of ventilators on hand in Pennsylvania for sale, and it also appears that the company is not registered in compliance with the Act of April 22, 1874, P. L. 108, the corporation has no standing to maintain an action in Pennsylvania to recover the price of ventilators sold in that State.</p> <p>In such a ease the burden of proving registration is upon the plaintiff.</p>