Watlow Elec. Mfg. Co. v. Sam Dick Industries, Inc.
| Decision Date | 04 August 1987 |
| Docket Number | No. 52522,52522 |
| Citation | 734 S.W.2d 295 |
| Parties | WATLOW ELECTRIC MANUFACTURING COMPANY, Plaintiff-Appellant, v. SAM DICK INDUSTRIES, INC., Defendant-Respondent. |
| Court | Missouri Court of Appeals |
William J. Travis, St. Louis, for plaintiff-appellant.
George Schaaf, Clayton, for defendant-respondent.
This appeal arises from an action to collect an account due for certain goods sold to respondent, a Washington Corporation. Having been served in Washington, respondent moved to quash service and dismiss the claim for lack of personal jurisdiction. The trial court granted respondent's motion and dismissed the petition. We reverse.
Appellant contends that the trial court erred in dismissing the petition because respondent had transacted business and established minimum contacts with Missouri subjecting itself to the long-arm jurisdiction of the state under Section 506.500 RSMo 1986.
The quashing of service of process is usually not an appealable judgment. However, when the petition is also dismissed for particular reasons, the judgment may be appealable under the particular facts of the case. Simpson v. Dycon International, Inc., 618 S.W.2d 455 (Mo.App.1981); See also Empiregas, Inc. of Noel v. Hoover Ball and Bearing Co., 507 S.W.2d 657 (Mo.1974). We find, that under these particular facts, the trial court's dismissal of appellant's petition is an appealable judgment.
Appellant, Watlow Electric Manufacturing Company (Watlow), is a Missouri corporation engaged in the business of manufacturing and selling electrical and heating equipment. Watlow Winona, Inc. and Watlow Batavia are subsidiaries of Watlow located in Winona, Minnesota and Batavia, Illinois, respectively. Watlow's headquarters is in St. Louis, Missouri. Watlow also maintains a manufacturing plant in Hannibal, Missouri.
Sam Dick Industries, Inc. (Sam Dick) is a Washington corporation, with its principal office in Seattle, Washington. Sam Dick is a manufacturer of electric vaporizers along with other electrical products. Sam Dick is not qualified to do business in Missouri and does not maintain an office or employees in this state.
On February 28, 1984, Sam Dick placed a small purchase order with Watlow through Watlow's sales representative in Seattle. This small order was designed to allow Sam Dick to evaluate Watlow as a potential supplier of component parts for its vaporizers. In June, 1984, negotiations began concerning a larger order of parts. The sales contract was finalized in Seattle, Washington and partially by telephone and through the mail to Watlow's office in St. Louis. The parts were to be manufactured largely in Hannibal, Missouri with assistance from Watlow's other plants in the midwest. The thermocouples were invoiced from Watlow's St. Louis office and shipped "F.O.B. St. Louis, Missouri" as requested by Sam Dick.
On July 25, 1984, Dennis Moraski, chief engineer for Sam Dick, came to the Watlow plant in Hannibal, Missouri. Moraski was accompanied by Watlow's representative Jim Bibro and spent the day at the Watlow plant. During the visit Moraski visited with Robert Klien and Stephan Rhoads, both engineers at the plant. The purpose of the meeting was twofold. First, it allowed Moraski to become acquainted with Watlow's facilities. Second, it allowed Moraski to review the design of the electric vaporizers which had been ordered by Sam Dick. This design review was necessary because the initial Sam Dick order had been for a prototype unit. Moraski indicated that Sam Dick had specific concerns about the "wire watt density" of the heating elements being manufactured in Hannibal and was interested in improving the design. Moraski brought with him a number of designs and engineering plans. Moraski used these plans in his discussions with Watlow's engineers.
Watlow shipped various products to Sam Dick throughout 1984 and 1985. Watlow requested payment of the balance due; however, Sam Dick has refused payment. The reasonable value of these goods is $37,648.18.
A foreign defendant subjects itself to the long-arm jurisdiction of the state, under Section 506.500 RSMo 1986, when two elements are present. First, the suit must arise out of the activities enumerated in the statute. Secondly, the defendant must have sufficient minimum contacts with Missouri to satisfy due process requirements. State ex rel., Wichita Falls General Hospital v. Adolf, 728 S.W.2d 604 (Mo.App.1987); Medicine Shoppe International, Inc. v. J-Pral Corp., 662 S.W.2d 263 (Mo.App.1983).
Section 506.500 provides that:
1. Any person or firm, whether or not a citizen or resident of this state, or any corporation, who in person or through an agent does any of the acts enumerated in this section, thereby submits such person, firm, or corporation, and, if an individual, his personal representative, to the jurisdiction of the courts of this state as to any cause of action arising from the doing of any of such acts:
(1) The transaction of any business within this state;
(2) The making of any contract within this state;
(3) The commission of a tortious act within this state;
(4) The ownership, use, or possession of any real estate situated in this state;
(5) The contracting to insure any person, property or risk located within this state at the time of contracting;
(6) Engaging in an act of sexual intercourse within this state with the mother of a child on or near the probable period of conception of that child.
2. Any person, whether or not a citizen or resident of this state, who had lived in lawful marriage within this state, submits himself to the jurisdiction of the courts of this state as to all civil actions for dissolution of marriage or for legal separation and all obligations arising for maintenance of a spouse, support of any child of the marriage, attorney's fees, suit money, or disposition of marital property, if the other party to the lawful marriage continues to live in this state or if a third party has provided support to the spouse or to the children of the marriage and is a resident of this state.
3. Only causes of action arising from acts enumerated in this section may be asserted against a defendant in an action in which jurisdiction over him is based upon this section.
The power of a court to exercise personal jurisdiction over a nonresident defendant is limited by the due process clause of the fourteenth...
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