Rearick v. Pennsylvania, 203 U.S. 507 (1906)

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Rearick v. Pennsylvania


No. 47


Argued October 18, 19, 1906
Decided December 17, 1906
203 U.S. 507

ERROR TO THE SUPERIOR COURT
OF THE STATE OF PENNSYLVANIA

Syllabus

Where orders are given for goods sold in a state by an agent of a person employed to solicit them in another state, and the purchaser is not bound to pay for the goods until delivery and unless according to sample, the goods sent specifically to the customer in fulfillment of such order are, until actually delivered, within the protection of the commerce clause of the Constitution, and a municipal ordinance requiring a license fee for the solicitation of order for delivering goods not of the parties’ own manufacture is void as an interference with interstate commerce against such an agent.

The facts are stated in the opinion.