33 Pa. Super. 604 | Pa. Super. Ct. | 1907
Opinion by
This case turned in the court below on the question whether the sales of liquors were made in Youngstown, Ohio, or in Butler county. The defendant, representing a firm of liquor dealers in Youngstown, took orders from various persons and forwarded them to his principals, by whom the liquor was sent by express O. O. D. to the purchasers. The orders were taken down by the defendant in his manifold orders book, but were not signed by the purchasers. The express charges were paid by the vendor. The purchasers did not give any direction as to the manner or place of delivery, but were notified by the defendant to go to the express office to get their liquor. They received their goods there upon payment of the price. The commonwealth alleges that the arrangement and agreement was that the delivery was to be in Butler county, and that, therefore, the sale was consummated in that county. It was contended on the part of the defendant that he was a canvasser, merely, or the firm which be represented, employed on a fixed weekly compensation ; that when he transmitted the order to the firm his connection with the business ceased; that he had nothing to do with the delivery of the goods nor with the collection of the amount paid therefor. The right of the Youngstown dealers to ship by railway or by express to customers in Butler county on orders received by them in the course of their business is not open to dispute, whether the orders were sent directly by the customer or were obtained by a solicitor. Such sales are regarded as complete at the dealer’s place of business when the goods are set apart for the purchaser and not at the place of destination. And this is so
The judgment is, therefore, affirmed and the record remitted for the purpose of execution.