Spokane Merchants Ass'n v. Clere Clothing Co.

Citations

• 84 Wash. 616
• 147 P. 414
• 1915 Wash. LEXIS 1243

Syllabus

<p>Corporations — Foreign Corporations — Doing Business in State —Evidence—Sufficiency. Where a foreign mercantile corporation, being a creditor, purchased a bankrupt stock of goods from the trustee in bankruptcy and conducted the business of selling it off at retail through its sales agents, adding other goods to the stock from time to time, it was a foreign corporation doing business in this state; and it cannot be claimed that the goods were merely delivered to the retail agents for sale on consignment,- where their only authority was to sell at retail and deposit the proceeds and the corporation financed the business, retained absolute control of the goods, and made no bill of sale or instrument to secure the alleged purchase price.</p> <p>Same — Foreign Corporations — -Process—Service — President as Agent. Service of a summons on the president of a foreign corporation doing business in this state, while he was temporarily in the state looking after its interests, is authorized by Rem. & Bal. Code, § 226, subd. 9, providing that, in case of foreign corporations, service of summons may be made by delivery to “any agent, cashier or secretary thereof”; since the president was “an agent” of the corporation.</p> <p>Principal and Agent — Scope of Apparent Authority — Store Manager. A sale of goods to the manager of a retail store for the purpose of replenishing its stock, is within the apparent scope of his authority; and where the retail store was hut the alter ego of the defendant and its agent to dispose of the stock, the seller was justified in charging the account to defendant upon the manager’s request.</p>