193 F. 355 | 9th Cir. | 1912
(after stating the facts as above).
“Another issue in the case is that the Griffin & Skelley Company was a foreign corporation, and that that corporation had not complied with the laws of the state of Oregon, and that, not having complied with the laws of the state of Oregon, it could not do business in this state; hence that, having entered into the contract which is set out here in the complaint in the state of Oregon, that contract is void. I. instruct you as to that is*359 sue that the contract was made with a view, upon the part of tlie defendants, and a knowledge of that fact, that this lumber was to be shipped from AYoodville out of the state of Oregon, into the state of California, or elsewhere, beyond the coniines of* the state of Oregon. This makes of the contract an interstate transaction; that is to say, that the parties were dealing in interstate commerce. The lumber which was the subject of the contract was to be shipped from one state into another, and that fact made it Interstate commerce. Tiie parties dealing with intersi ate commerce had a right to make the contract notwithstanding (iriflin & Skelley Company may not have complied willi the laws of the state of Oregon. Hence I instruct you that that issue is out of the ease, and yon need not consider it further.”
To the instruction so given no exception was reserved or taken by the defendants, nor did they request any instruction upon that point. We are therefore precluded from considering whether the contract in suit was so concerned with interstate commerce as to free it from the operation of the Oregon statute.
Binding no error in the record calling for a reversal, tlie judgment is affirmed.