179 S.E. 813 | W. Va. | 1935
This is an action in detinue, brought for the purpose of recovering certain machinery leased to the defendant. He filed a plea in abatement, alleging that plaintiff was a Maine corporation doing business in West Virginia without becoming domesticated as required by statute, and under Code, 31-1-79, was not entitled to sue in the courts of this state. A demurrer to the plea was sustained. Plaintiff then proceeded to trial, obtaining a verdict and judgment. Defendant prosecutes error here on the strength of his plea.
In addition to the allegations above referred to, the plea avers that plaintiff licenses persons in West Virginia to use certain machines, "located in the state," and that in February, 1928, the defendant entered into a written agreement with plaintiff at the City of Huntington under which he became plaintiff's licensee for the purpose of using within the state an "outsole lockstitch" machine and an "awl pointing" attachment. The agreement, made a part of the plea, consists of two separate parts, one relating to the machine and the other to the attachment. The former is a formal contract signed by both parties. The latter is an order signed by defendant alone. The contract states that the agreement is made at Patterson, New Jersey, authorizes the defendant to use the lockstitch machine "now or hereafter delivered" to him, prescribes the terms of the lease, and provides that when *226 the lease is ended the defendant "shall forthwith deliver such machine to the United Company (the plaintiff) at Beverly, Massachusetts." The order simply requests delivery of the attachment to defendant at Huntington, agrees to certain conditions, and promises that "all transportation charges with respect to said attachment from and to your place of shipment at Beverly, Massachusetts, shall be paid by the undersigned (the defendant)."
We recognized in Underwood Co. v. Piggott,
A foreign corporation does business within this state when it engages in corporate activities of a local character which are wholly separate from interstate commerce. Browning v. Waycross,
The ruling of the circuit court on the plea is sustained and the judgment affirmed.
Affirmed.