Three States Buggy & Implement Co. v. Commonwealth

• Decision Date: 11 December 1907
• Citation: 105 S.W. 971
• Parties: THREE STATES BUGGY & IMPLEMENT CO. OF CAIRO, ILL., v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

105 S.W. 971

THREE STATES BUGGY & IMPLEMENT CO. OF CAIRO, ILL., v. COMMONWEALTH.

Court of Appeals of Kentucky.

December 11, 1907

Appeal from Circuit Court, Carlisle County.

"Not to be officially reported."

J. M Nichols & Son and Robins, Thomas & Bridgwater, for appellant.

N. B Hays, Atty. Gen., and C. H. Morris, for the Commonwealth.

O'REAR C.J.

Appellant is a wholesale dealer in agricultural implements at Cairo Ill. It is an incorporated company. Walker & Brent are retail merchants at Bardwell, Ky. Appellant is prosecuted for carrying on business in this state without having complied with section 571, Ky. St. 1903, requiring every foreign corporation which has a place of business in this state to file with the Secretary of State a statement, naming its agents thereat upon whom process may be served. It is conceded that appellant has not complied with that section of the statute. The question is, was it carrying on business in this state within the period covered by the prosecution? The case turns upon the construction of the following written contract: "This contract and agreement, made and entered into by and between the Three States Buggy & Implement Company of Cairo, Illinois, parties of the first part, and Walker & Brent of Bardwell, Ky. parties of the second part witnesseth: That party of the first part agrees to furnish to parties of the second part, as ordered by them, such goods implements, wagons, buggies, etc., as are carried in stock by the party of the first part at Cairo, Ill., at their lowest wholesale price, f. o. b. Cairo, Ill., on the following terms and conditions, to wit: On all 30, 60 or 90 days goods such as plows, spiketooth harrow, 14-tooth harrow, 5-shovel cultivators, plow points, and all other such goods as take these datings are to be paid for if sold by the party of the second part by the times the terms on which these goods are sold has expired, or immediately upon the first of the month following such due dates. On all such goods sold on October 1st, net, or 5 per cent. discount June 1st, dating, such as cultivators, corn planters, check rowers, etc., are to be settled for on these terms for all goods sold by parties of the second part; but if parties of the second part do not see fit to take advantage of the discount allowed on June 1st on all such goods of this class which have been sold by them up to that date, then they are to settle by their note due October 1st, 1905, without interest, or party of the first part agrees to accept good farmer's notes with 6 per cent. int. falling due within the specified time, after parties of the second part have...