Neil Wheeler v. Boyer Fire Apparatus

This is an action to recover commissions claimed to be due the plaintiff from the defendant under a sales contract. The plaintiff
is a foreign corporation and the summons was served upon one P. L. Speed. After the service of the summons, the defendant
appeared specially and objected to the jurisdiction of the court on the ground that no legal service of the summons had been
made upon the defendant and moved to dismiss the action. The motion was based upon the affidavit of P. L. Speed, upon whom
the summons was served, and who states, in his affidavit, that he is the soliciting agent for the defendant company, working
on a salary and commission on sales accepted; that he is furnished with advertising diagrams and pictures of the various articles
manufactured by the defendant company at their place of business, to-wit: Logansport, Indiana; that his sole and only authority
is to solicit orders and that when such orders are solicited or obtained by said affiant, the said orders are sent to the
defendant at Logansport, Indiana for their approval and acceptance and that the defendant had no property in the state of
North Dakota. There is also an affidavit by S.O. Cook, vice president of the defendant company, who states that no officer of the company
has been served with the summons in said cause nor has the defendant waived the service of a summons in said cause, and that
the defendant is not doing business in the state of North Dakota.