Opinion

White v. Caterpillar Tractor Co.

  • 235 Md. 368
  • 201 A.2d 856
  • 1964 Md. LEXIS 769
Court
Court of Appeals of Maryland
Filed
Jun 29, 1964
Status
Published
Author
Henderson
On the bench
Horney
Cited by
12 cases

corporation maintains extensive control over activities of the in-state distributor in the area of sales and service far beyond the scope of mere solicitation of orders

How later courts described this case

  • corporation maintains extensive control over activities of the in-state distributor in the area of sales and service far beyond the scope of mere solicitation of orders
  • MD. R. 124 c dismissal and quashing of writ of summons

Written by the judges who cited it.

The opinion

*375 Henderson, J.,

filed the following dissenting opinion.

To my mind the activities within this State relied on to distinguish Manitowoc and Thew are not decisive. Those referred to as research had to do with field studies directed towards future improvements in the product to be manufactured in another state. Since only about two per cent of the product is distributed in Maryland, the effect seems minimal. It is true that the agreement in the instant case was drawn more tightly, but the control exercised was not directed towards sales, but to insure a more detailed accounting to the manufacturer. I think the instant case falls squarely in the pattern of the cases cited. Thomas v. Hudson Sales is distinguishable on the ground that the distributor was a wholly-owned subsidiary, and the controls retained related directly towards current sales.

I see no reason why this Court should depart from its established views as to what constitutes doing business, simply because the Supreme Court of the United States has limited the constitutional immunity from suit once afforded to those engaged in commerce between the states.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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