Milsom Rendering & Fertilizer Co. v. Kelly
Superior Court of Pennsylvania
Appeal, No. 218, April T., 1899, by plaintiff, from judgment of C. P. Armstrong Co., Dec. T., 1897, No. 182, directing a compulsory nonsuit. Opinion by Beaver. J. Rule to take off compulsory nonsuit.
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Appeal, No. 218, April T., 1899, by plaintiff, from judgment of C. P. Armstrong Co., Dec. T., 1897, No. 182, directing a compulsory nonsuit. Opinion by Beaver. J. Rule to take off compulsory nonsuit. Before Rayburn, P. J. It appears from the record and evidence that the plaintiff company was a foreign corporation; that it had a resident agent within the county of Armstrong, Pennsylvania, and that it shipped the product of its manufactory into the said county, and a portion of the same was sold by the agent to William J. Kelly, defendant; that an action of assumpsit for $107.52 was brought by…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff, a foreign corporation, employed resident agents within the commonwealth to sell the products of its manufacture. A sale was made by one of these agents to the defendant, who, alleging that he had no knowledge that he was purchasing from the corporation but supposed that the purchase was made from the agent as an individual, defended upon the ground that the corporation was not authorized to do business in Pennsylvania, because of its failure to comply with the provisions of the Act of April 22, 1874, P. L. 108. Upon the trial of the cause, the court below…
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