York Manufacturing Co. v. Colley, 247 U.S. 21 (1918)

York Manufacturing Company v. Colley


No. 200


Argued March 18, 1918
Decided May 20, 1918
247 U.S. 21

ERROR TO THE COURT OF CIVIL APPEALS, FOURTH SUPREME
JUDICIAL DISTRICT, OF THE STATE OF TEXAS

Syllabus

In an interstate contract for sale of a complicated ice-making plant, it was stipulated that the parts should be shipped into the purchaser’s state and the plant there assembled and tested under the supervision of an expert to be sent by the seller. The purchasers agreed to pay him a per diem while so engaged and to furnish mechanics for his assistance, and their obligation to accept the plant was made dependent on the test. The erection took three weeks, and the test a week more. Held that these provisions as to the services of the expert were germane to the transaction as an interstate contract, and did not involve the doing of local business subjecting the seller to regulations of Texas concerning foreign corporations. Browning v. Waycross, 233 U.S. 16, and General Railway Signal Co. v. Virginia, 246 U.S. 500, distinguished.

172 S.W. 206 reversed.

The case is stated in the opinion.