Space Chemicals, Inc. v. Sprayon Products, Inc.

Space Chemicals, Inc., a California corporation (Space), appeals from an order granting the motion of respondent Sprayon Products, Inc., an Ohio corporation (Sprayon), to quash the service of summons and complaint made upon it, pursuant to the provisions of Code of Civil Procedure, section 411, subdivision 2, and Corporations Code, sections 6500-6504, by serving the California Secretary of State.

The sole question for determination is whether Sprayon is “doing business” in California within the meaning of Code of Civil Procedure, section 411, subdivision 2, and is therefore amenable to suit in this state.

The complaint names Sprayon as defendant. It alleges that on May 27, 1964, a contract in form of a letter was made (May letter). Sprayon agreed to pay Space a royalty of six cents per ounce of a certain formula developed by Space which was to be packaged by Sprayon into aerosol cans.

The product so processed was to be used in coating kitchen ware, grills, pans, pots and many other metallic utensils to prevent adherence of cooking materials and food to said utensils. Sprayon, in turn, delivered and invoiced this product to a previous customer of Space, to wit: Distmark, Inc., a…