State v. Superior Court for King County

• Decision Date: 23 December 1931
• Docket Number: 23431.
• Citation: State v. Superior Court for King County, 6 P.2d 368, 166 Wash. 41 (Wash. 1931)
• Parties: STATE ex rel. KERR GLASS MFG. CO. v. SUPERIOR COURT FOR KING COUNTY et al.
• Court: Washington Supreme Court

6 P.2d 368

166 Wash. 41

STATE ex rel. KERR GLASS MFG. CO. v. SUPERIOR COURT FOR KING COUNTY et al.

No. 23431.

Supreme Court of Washington

December 23, 1931

Department 1.

Original prohibition proceeding by the State, on the relation of the Kerr Glass Manufacturing Corporation, against the Superior Court for King County, and William J. Steinert, one of the Judges thereof.

Alternative writ issued quashed.

Clark &amp Clark, W. S. Nash, all of Portland, Or., and Tanner & Garvin of Seattle, for relator.

Henry Henry & Pierce, of Seattle, for respondents.

HERMAN J.

This matter is Before us on an alternative writ of prohibition commanding Hon. Wm. J. Steinert, judge of the superior court to refrain from entering a proposed order denying a motion to quash service of summons upon the defendant in the case entitled Mr. and Mrs. John G. White et al., Plaintiffs, v. Kerr Glass Manufacturing Company, Defendant.We shall refer to that defendant as the relator herein.

Relator is a Nevada corporation, manufacturing fruit jars and caps, having its factory and principal office at Sand Springs, Okl.It is not qualified to do business in this state, and maintains no office, factory, warehouse, or other establishment in Washington.It is not listed in any city directory or telephone book.

A. J. Huch, an employee of the relator, makes his home in the state of Washington, and represents relator in Western Washington, British Columbia, Alberta, Saskatchewan, and part of Manitoba, Canada.Huch agrees with relator in its contention that he is not relator's agent.He secures, but does not accept, orders for relator's products from prospective purchasers, principally wholesalers and some chain stores; such orders being subject to approval and final acceptance by relator at its home office in Oklahoma.All prices are fixed f. o. b. Oklahoma.Relator completes delivery when the products are turned over to the transportation company in Oklahoma.Bills of lading, invoices, and statements are sent from relator direct to the buyer.Remittances are made direct from buyer to seller.Huch makes no collections, and has nothing to do with extending credit.

Huch also calls on retailers, to whom he does not sell, and encourages the use of relator's products.Certain seasons relator sends men into the territory to help Huch in cultivating retailers.They create demands for relator's products, and pass orders along to the wholesaler designated by the retailer.These men are hired in Oklahoma, are paid from there, and report to the home office.Huch gets a copy of their reports, and directs their efforts while here.

Huch reports daily to Oklahoma, and is paid from there.Relator keeps no bank account in this state.

Sometimes relator, in order to secure carload rates for the buyer completes a carload with merchandise not yet actually ordered, and this is placed in a warehouse and sold, subject to confirmation of the sales by the home office.At the time this matter was pending Before the lower court, relator had such merchandise in storage in this state.Some of the goods had then been in the warehouse for three months.Sometimes the goods are kept in a warehouse in this state for more than three months.Such excess shipments are received in this state approximately two or three times a year.When goods are sold from such stored excess shipments, a requisition upon the warehouseman is filled out and pinned to the order, which is sent to the home office...