Cummer-Graham Co. v. Straight Side Basket Corp.

Appellee obtained a summary judgment against appellant in an action brought by appellee to recover alleged royalties due it, and this appeal followed.

The amended complaint, as amended, alleged that appellee was a Michigan corporation and that appellant was a Texas corporation, and that there was due appellee from appellant royalties aggregating $16,437.48 under contracts between such parties licensing appellant to use certain patents belonging to appellee.

The amended complaint also alleged generally that appellant was, at the commencement of the action, and had been for several years prior thereto, “doing intrastate business” in Idaho, and made the following specific allegations in that respect: that appellant sells upwards of 200' carloads of baskets in Idaho during the fruit packing season of each year; that it ships baskets into Idaho, generally in Carload lots, for present and future use in filling its orders; that sales, in Idaho, are repeatedly made either from carload shipments consigned to appellant, or from stocks warehoused by or for appellant; that to develop and maintain the market for such baskets, appellant has several agents or distributors; that executive…