12 Pa. Super. 443 | Pa. Super. Ct. | 1900
Opinion by
After this action was at issue in the court below it was, by
■ In like cases, where the contract has been successfully sued on, it has been found that the foreign corporation did not bring any of its capital into this state, nor did it make any investment here, and because of this it w&s held that it did not do any business in this state. In the case at bar we have a contract made in this state and performed here.. While the plaintiff’s place of business was in Camden, N. J., the contract contemplated not a single transaction, but a continuing business within this state during at least the ensuing ten months, which would require an employment or expending of its capital here. Its teams and wagons were used within the state to transport the ice to the defendant’s five business points, and its employees earned wages here. The property in regard to which the contract was made was not a single article intended for a particular purpose, as a mill, a kiln or an engine, but it was an ordinary marketable commodity for which there was a common demand, and over which the plaintiff had entire control within the state; that is, it could deliver to the defendants or sell to other persons. Only a part of the property was made in Camden, N. J., ánd in order to comply with the terms of its contract, the bal