Edward Douglass White

“ The trial court, not doubting that the contract of sale was interstate commerce, nevertheless concluding that the stipulation as to supervision by an engineer to be sent by the seller was intrastate commerce and wholly separable from the interstate transaction, held that the seller by carrying out that provision had engaged in local business in the state, and, as the permit required by the state statutes had not been secured, gave effect to the statutes and dismissed the suit. ”

“ In fact those cases were relied upon in the Waycross Case as supporting the contention that a mere agreement for the erection of lightning rods in a contract made concerning the shipment of such rods in interstate commerce caused the act of erection to be itself interstate commerce. ”

“ The case is here to review the action of the court below sustaining such conclusion, its judgment being that of the court of last resort of the state in consequence of the refusal of the Supreme Court of the state to allow a writ of error. ”