13 N.M. 558 | N.M. | 1906
STATEMENT OP FACTS AND OPINION OF THE COURT.
— The defendant was charged with peddling and selling goods without a license in said county on or about August 30, 1904, contrary to> the provisions of Sections 4141 and 4149 of the Compiled Laws of 1897, as amended by Chapter 74 of the acts of 1901, and Chapter 16 of .the acts of 1903, which forbid, under penalty, the sale by persons engaged in "itinerant trade,” “by sample,” or "otherwise,” "at retail to individual purchasers who are not dealers in the articles sold,” of all articles except "maps, books, newspapers, fuel, fruits and domestic machinery,” unless the persons so selling, termed "peddlers” .shall first obtain licenses to pursue such occupation. The case was heard and the defendant found guilty on the following stipulation of. facts:
“It is hereby stipulated and agreed between the par- • ties, for use in the trial of said cause in lieu of other evidence, as follows:
"That at the time when he is charged with having peddled and sold goods, the defendant was the agent and commercial traveler of Spaulding Manufacturing Company, a copartnership composed of H. W., F. E., and E. H. Spaulding, doing business at Grinnell, Iowa, and exporting from that place throughout the United States, buggies, wagons and other vehicles, and citizens’ of Iowa and of the United States, and the defendant was then and there a citizen of the state of Texas.
"That in said cause the said company shipped vehicles from Grinnell, Iowa, to Durango, Colorado, where they arrived knocked clown, and there they were set up by the agents of the said company and hauled thence, that is to say, from Durango, Colorado, where the said company maintained a warehouse, to different parts of said San Juan county, and sold, from place to place, and delivered forthwith, when sold, as a purchaser might be found, and the facts therein set forth are applicable to the sale in the complaint charged.
That the vehicles so sold, including the one in issue, were sold'and delivered while in the same condition in which thev were on being set up at and hauled from Durango, Colorado.”
Judgment affirmed.