Mahlon Pitney

“ Plaintiff in error is a liquor dealer having his place of business in the county of Mahoning, in the state of Ohio, which immediately adjoins Lawrence county, Pennsylvania. He had no license to sell in Lawrence county, nor any place of business there, but went into that county and there took an order for liquor, with the understanding that the liquor should be thereafter delivered from his stock in Ohio to the residence of the purchaser in Pennsylvania. ”

“ And so, in the present case, the superior court (53 Pa. Super. Ct. 220) recognized that it was not the making of the executory contract, but the execution of it, that involved a violation of the law of the state. ”

“ And it is admitted that by the Pennsylvania decisions the act of taking orders for future delivery is not punishable under the statute cited, or any other, and that it is not the making of an executory contract, but the executed sale, that is punishable. Com. v. Smith, 16 Pa. Co. Ct. 644, 646, 647; Star Brewing Co.'s License, 43 Pa. Super. ”