Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933 (10th Cir. 1977). · Go Syfert
Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933 (10th Cir. 1977). Cases Citing This Book View Copy Cite
82 citation events (9 in the last 25 years) across 18 distinct courts.
Strongest positive: Douglas Landscape & Design, L.L.C. v. Miles (kanctapp, 2015-08-07) · Strongest negative: Alchemie International, Inc. v. Metal World, Inc. (njd, 1981-09-23)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
examined Cited "but see" Alchemie International, Inc. v. Metal World, Inc. (3×) also: Cited "see, e.g."
D.N.J. · 1981 · signal: but see · confidence high
But see Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir. 1977) (broad, single-act long-arm statute described as “special legislation,” and forum state has “manifest interest in providing redress for its residents injured by nonresidents engaged in any activity which the state treats as subject to special legislation”) (single-contract case).
cited Cited as authority (rule) Douglas Landscape & Design, L.L.C. v. Miles
Kan. Ct. App. · 2015 · confidence medium
E.g., Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936 (10th Cir. 1977) (applying Kansas law); Coreo, Inc. v. Ledar Transport, Inc., 24 Kan.
discussed Cited as authority (rule) School-Link Technologies, Inc. v. Applied Resources, Inc.
D. Kan. · 2007 · confidence medium
ARI contends that the statute of frauds does not apply with respect to goods which have been received and accepted, citing Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936 (10th Cir.1977).
cited Cited as authority (rule) Educational Credit Management Corp. v. Boyer (In Re Boyer)
Bankr. D. Kan. · 2004 · confidence medium
Food Markets, Inc., 567 F.2d 933, 936 (10th Cir.1977) (citing Briscoe v. Getto, 204 Kan. 254 , 462 P.2d 127 (1969)). 30 . 825 F.2d 248 . 255-56 (10th Cir.1987) 31 .
discussed Cited as authority (rule) Ledbetter v. City of Topeka, Kan.
D. Kan. · 2000 · confidence medium
“Under Kansas law, substantial compliance with the requirements for service and awareness of the action are all that is necessary.” Pedi Bares, Inc. v. P & C Food Mkts., Inc., 567 F.2d 933, 936 (10th Cir.1977); see also Briscoe v. Getto, 204 Kan. 254, 256 , 462 P.2d 127, 129 (1969) (“Service of process is the statutory method of obtaining jurisdiction over the person of a defendant and the method of service provided by statute must be substantially complied with.”).
discussed Cited as authority (rule) Brin v. Kansas
D. Kan. · 2000 · confidence medium
As the court stated in Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936 (10th Cir.1977): Section 60-204 of the Kansas Rules of Civil Procedure says that substantial compliance with the provisions for process service suffices if a party is made aware of the action.
discussed Cited as authority (rule) Sellens v. Telephone Credit Union
D. Kan. · 1999 · confidence medium
“Under Kansas law, substantial compliance with the requirements for service and awareness of the action are all that is necessary.” Pedi Bares, Inc. v. P & C Food Mkts., Inc., 567 F.2d 933, 936 (10th Cir.1977); see also Briscoe v. Getto, 204 Kan. 254, 256 , 462 P.2d 127 (1969) (“Service of process is the statutory method of obtaining jurisdiction over the person of a defendant and the method of service provided by statute must be substantially complied with.”).
cited Cited as authority (rule) Associated Communications & Research Services, Inc. v. Kansas Personal Communications Services, Ltd.
D. Kan. · 1998 · confidence medium
Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936 (10th Cir.1977).
discussed Cited as authority (rule) Richardson v. Alliance Tire & Rubber Co.
D. Kan. · 1994 · confidence medium
“Under Kansas law, substantial compliance with the requirements for service and awareness of the action are all that is necessary.” Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936 (10th Cir. 1977).
cited Cited as authority (rule) Slawson v. Hair
D. Kan. · 1989 · confidence medium
Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 935 (10th Cir.1977).
discussed Cited as authority (rule) Wichita Federal Savings & Loan Ass'n v. Landmark Group, Inc.
D. Kan. · 1987 · confidence medium
Defendants’ Reasonable Expectations This factor focuses on whether the defendants’ conduct and connection with the forum state were such that he should have “reasonably anticipate[d] being haled into court there.” World-Wide Volkswagen Corp., 444 U.S. at 297 , 100 S.Ct. at 567 ; Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir.1977).
cited Cited as authority (rule) Green Country Crude, Inc. v. Avant Petroleum, Inc.
D. Kan. · 1986 · confidence medium
Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 935 (10th Cir.1977).
cited Cited as authority (rule) NL Industries, Inc. v. Gulf & Western Industries, Inc.
D. Kan. · 1986 · confidence medium
The act or acts must have “ ‘reasonably foreseeable consequences within the [forum] state.' ” Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir.1977).
cited Cited as authority (rule) Petroleum Data Services, Inc. v. First City Bancorporation of Texas, Inc.
D. Kan. · 1985 · confidence medium
The act or acts must have “ ‘reasonably foreseeable consequences within the [forum] state.’ ” Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir.1977).
cited Cited as authority (rule) Pioneer Properties, Inc. v. Martin
D. Kan. · 1983 · confidence medium
Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir.1977).
discussed Cited as authority (rule) Strick Corp. v. A. J. F. Warehouse Distributors, Inc.
E.D. Pa. · 1982 · confidence medium
See also Controlled Metals, Inc. v. Non-Ferrous Int’l Corp., 410 F.Supp. 339, 343 (E.D.Pa.1976); Watson McDaniel Co. v. National Pump & Control, Inc., 493 F.Supp. 18, 21 (E.D.Pa.1979); Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936-37 (10th Cir. 1977); Product Promotions, Inc. v. Cousteau, 495 F.2d 483, 494-99 (5th Cir. 1974).
discussed Cited as authority (rule) Mouzavires v. Baxter (2×) also: Cited "see, e.g."
D.C. · 1981 · confidence medium
The subsequent conduct of P & C shows that it purposely availed itself of the privilege of carrying on activities to secure goods from a Kansas manufacturer and seller. [ Id. at 937.] So, too, here, where a Florida defendant purposely availed itself of the privilege of carrying on activities to secure services from a district of Columbia attorney, it should not matter whether the plaintiff or defendant made the initial contact.
discussed Cited as authority (rule) Texas Trading & Milling Corp. v. Federal Republic of Nigeria
2d Cir. · 1981 · confidence medium
See generally Plant Food Co-op v. Wolfkill Feed & Fertilizer Corp., 633 F.2d 155, 158-60 (9th Cir. 1980); Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936-38 (10th Cir. 1977); Product Promotions, Inc. v. Cousteau, 495 F.2d 483, 494-98 (5th Cir. 1974).
cited Cited as authority (rule) Davis v. Grace
Kan. Ct. App. · 1980 · confidence medium
Pedi Bares, Inc. v. P &C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir. 1977).
cited Cited as authority (rule) Sterling Industrial Corp. v. Telephone, Inc.
W.D. Mich. · 1980 · confidence medium
Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 967 (10th Cir. 1977).
discussed Cited as authority (rule) Cleverock Energy Corporation, and Cross-Appellant v. Martin Trepel and Trepel Petroleum Corporation, and Cross-Appellees
10th Cir. · 1979 · confidence medium
The facts of this case cumulatively satisfy this test of due process. 7 See Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir. 1977); Hazen Research, Inc. v. Omega Minerals, Inc., 497 F.2d 151, 155 (5th Cir. 1974).
discussed Cited as authority (rule) Rockwell International Corp. v. KND Corp. (2×) also: Cited "see"
N.D. Tex. · 1979 · confidence medium
Pedi Bares, Inc. v. P & C Food Markets, Inc, 567 F.2d 933, 937 (10th Cir. 1977).
discussed Cited as authority (rule) Good Hope Industries, Inc. v. Ryder Scott Co.
Mass. · 1979 · confidence medium
Its actual physical presence here was not required as a basis for jurisdiction. 17 *11 See Pedi Bares, Inc. v. P & C Food Mkts., Inc., 567 F.2d 933, 937 (10th Cir. 1977); In-Flight Devices Corp. v. Van Dusen Air, Inc., 466 F.2d at 234-235 .
cited Cited "see" Rhythm Engineering, LLC v. A.D. Electric, Inc.
D. Kan. · 2021 · signal: see · confidence high
See Pedi Bares, Inc. v. P&C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir. 1977).
cited Cited "see" Burnham v. Humphrey Hospitality Reit Trust, Inc.
10th Cir. · 2005 · signal: see · confidence high
See Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936 (10th Cir.1977).
discussed Cited "see" Corco, Inc. v. Ledar Transport, Inc. (2×) also: Cited "see, e.g."
Kan. Ct. App. · 1997 · signal: see · confidence high
See Pedi Bares, Inc., 567 F.2d 933 .
discussed Cited "see" Brookfield MacHine, Inc. v. Calbrit Design
D. Mass. · 1996 · signal: see · confidence high
See Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir.1977); Carlson Corp. v. University of Vermont, 380 Mass. 102 , 109 n. 11, 402 N.E.2d 483 (1980) (“The fact that the resident plaintiff may have initiated the ... business relationship is not a fact which is entitled to constitutional consideration”).
cited Cited "see" Western Union Telegraph Co. v. T. S. L., Ltd.
D.N.J. · 1982 · signal: see · confidence high
See Pedi-Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir. 1977) (initial contact is not decisive).
discussed Cited "see" Energy Reserves Group, Inc. v. Superior Oil Co.
D. Kan. · 1978 · signal: see · confidence high
See Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933 (10th Cir. 1977); Misco-United Supply, Inc. v. Richards of Rockford, Inc., supra. When supported by the relevant relationship of the instrumentality employed to reach the contract, jurisdiction under (b)(5), as well as (b)(1), seems both fair and proper.
cited Cited "see, e.g." AHL Inc. of Delaware v. Star Ins. Co.
D. Kan. · 1998 · signal: see also · confidence medium
See also Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936 (10th Cir.1977).
discussed Cited "see, e.g." Dazey Corp. v. Wolfman
D. Kan. · 1996 · signal: see, e.g. · confidence low
Judge Theis concluded that “[t]he intentional tortious act here causing injury to a resident in this forum in and of itself satisfies the criteria of International Shoe on a claim for damages arising from that act.” 462 F.Supp. at 1255 ; see, e.g., Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933 (10th Cir.1977) (due process minimum contacts satisfied; although plaintiff initiated transaction, purchase order accepted in Kansas, goods manufactured in and shipped from Kansas, and partial payment made in Kansas); Kemper, 508 F.Supp. at 448-49 (Kansas plaintiff initiated negotiations…
cited Cited "see, e.g." Carrothers Construction Co. v. Quality Service & Supply, Inc.
D. Kan. · 1984 · signal: see also · confidence low
See, also, Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933 (10th Cir.1977).
cited Cited "see, e.g." Computac, Inc. v. Dixie News Co.
N.H. · 1983 · signal: see also · confidence medium
Co., 355 U.S. 220, 223 (1957); see also Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 936-37 (10th Cir. 1977); Western Union Telegraph Co. v. T.S.I.
discussed Cited "see, e.g." J. E. M. Corp. v. McClellan
D. Kan. · 1978 · signal: compare · confidence medium
Compare Pedi Bares, Inc. v. P & C Food Markets, Inc., 567 F.2d 933, 937 (10th Cir. 1977) [jurisdiction upheld under subsection (b)(5)], with MiscoUnited Supply, Inc. v. Richards of Rockford, Inc., supra [jurisdiction improper; due process standard unsatisfied by facts supporting application of subsection (b)(5)].
Retrieving the full opinion text from the archive…
PEDI BARES, INC., Appellee,
v.
P & C FOOD MARKETS, INC., Appellant
76-1567.
Court of Appeals for the Tenth Circuit.
Dec 16, 1977.
567 F.2d 933
L. M. Cornish, Topeka, Kan. (Henry J. Schulteis, of Glenn, Cornish & Leuenberger, Chartered, Topeka, Kan., on the brief), for appellee., Michael J. Grady, Topeka, Kan. (Cos-grove, Webb & Oman, Topeka, Kan. and Robert J. Hunt, of Bond, Schoeneck & King, Syracuse, N. Y., on the brief), for appellant.
McWilliams, Breitenstein, Barrett.
Cited by 57 opinions  |  Published
BREITENSTEIN, Circuit Judge.

This diversity action was brought to recover the balance claimed due for goods sold. Jurisdiction depends on the use of the Kansas long-arm statute. After trial to the court, the seller had judgment. We affirm.

Plaintiff-appellee, Pedi Bares, Inc., is a California corporation having its principal office and place of business in Kansas where it manufactures footwear. Defendant-appellant, P & C Food Markets, Inc., is a New York corporation and has its principal office and place of business in that state. P & C is a wholesale grocer with subsidiaries serving independently owned stores in New York and Pennsylvania.

Nelson, a representative of Pedi Bares, worked on a commission basis and had authority to solicit orders which were sent to Pedi Bares in Kansas for acceptance. P & C gave Nelson a letter of introduction to the retail stores which P & C serviced. Among other things, the letter said: “Your initial order will be shipped direct to you but billed through the warehouse.” P & C furnished Nelson a list of the stores which it serviced.

In the fall of 1970, Nelson obtained orders from stores serviced by P & C and sent them to Pedi Bares in Kansas. Pedi Bares checked on the credit of P & C, accepted the orders and shipped the goods, manufactured in Kansas, to the stores which put in the orders. Invoices totaling about $27,900 were sent by Pedi Bares to P & C which paid over $11,900 of the amount due to Pedi Bares. After all ordered goods had been shipped, P & C stopped making payments and Pedi Bares then brought this suit to recover the balance due. The court gave judgment for Pedi Bares against P & C in the amount of $15,964.84 plus interest.

The Kansas long-arm statute provides, so far as pertinent, 4A K.S.A. § 60-308:

“Any person, whether or not a citizen or resident of this state, who * * * does any of the acts hereinafter enumerated, thereby submits said person, * * to the jurisdiction of the courts of this state as to any cause of action arising from the doing of any of said acts: (b) * * *
(5) Entering into an express or implied contract, by mail or otherwise, with a resident of this state to be performed in whole or in part by either party in this state; * * *.”

Subsection (b)(5), sometimes referred to as the single act statute, permits the exercise of personal jurisdiction over a nonresident when the sole basis is a contract with a resident to be performed in Kansas. Misco-United Sup., Inc. v. Richards of Rockford, Inc., 215 Kan. 849, 528 P.2d 1248, 1251; see also Casad, Long Arm and Convenient Forum, 20 U. of Kan.L.Rev. 1, 33-86. P & C argues that the case is not within the statute because Pedi Bares was not a Kansas resident and because there was no contract.

Residence is attacked on the ground that when this suit was started on June 4,1974, Pedi Bares was not authorized to do business in Kansas. After its incorporation in California, Pedi Bares did business there until 1963 when it moved its entire operation to Kansas and thereafter conducted all of its business in that state except the solicitation of orders in other states. Pedi Bares became authorized to do[*936] business in Kansas as a foreign corporation on October 4, 1974. There appears to be no Kansas decision defining residence for the purposes of the single act statute. In Kansas, a foreign corporation which has not been admitted in that state before the commencement of an action may comply and recover after compliance. See Annotation in 6 A.L.R.3d 335-336; State v. American Book Co., 69 Kan. 1, 76 P. 411, 416; and Vickers v. Buck’s Stove & Range Co., 70 Kan. 584, 79 P. 160, 161. The fact that Pedi Bares did not comply with the pertinent Kansas statutes until four months after filing of suit is not material to the question of residence. We agree with the trial court that Pedi Bares was a resident of Kansas.

P & C argues that there was no express or implied contract between it and Pedi Bares. The letter of introduction which P & C gave to the representative of Pedi Bares, was directed to the stores serviced by P & C and said that the goods would be “billed through the warehouse.” Pedi Bares accepted the orders from individual stores, billed P & C, and received payment from P & C for some invoices. Pedi Bares called P & C relative to unpaid invoices and P & C said they would be paid. Pedi Bares then continued to ship and received payment for some invoices. After all orders had been filled, P & C stopped making payments. The record shows an offer, acceptance, shipment of the goods by Pedi Bares, the receipt of the goods, and partial payment by P & C. Pedi Bares relied to its detriment on the conduct of P & C. We agree with the trial court that the doctrine of promissory estoppel bars P & C from denying the contract. See Kirkpatrick v. Seneca National Bank, 213 Kan. 61, 515 P.2d 781, 786-787.

P & C contends that the Kansas statute of frauds, 7 K.S.A. § 84-2-201, bars recovery. The bar does not apply with respect to goods “which have been received and accepted.” Section 84-2-201(3)(c). Here we have receipt and acceptance. Kansas has held that the statute of frauds will not ordinarily permit a person to take advantage of his own wrong. Decatur Cooperative Association v. Urban, 219 Kan. 171, 547 P.2d 323, 329. The contract is enforceable.

P & C says that the service of process did not comply with Rule 4(e), F.R. Civ.P., which provides that service upon a nonresident of the state where the action is filed may be made in the manner provided by state law. 4A K.S.A. § 60-308(a)(2) requires an affidavit of service and the record does not show any affidavit. Section 60-204 of the Kansas Rules of Civil Procedure says that substantial compliance with the provisions for process service suffices if a party is made aware of the action. Section 60-102 declares that the rules of civil procedure shall be liberally construed. Under Kansas law, substantial compliance with the requirements for service and awareness of the action are all that is necessary. Briscoe v. Getto, 204 Kan. 254, 462 P.2d 127, 129. Here we have both. Sufficiency of service under state law satisfies the federal rule.

P & C says that the application of the single act statute in this action deprives it of its right under the federal Constitution to due process. The problem may be divided into two parts; (1) defendant’s contact with the forum state, and (2) fair play and substantial justice. See e. g. Product Promotions, Inc. v. Cousteau, 5 Cir., 495 F.2d 483, 494, 498, and U-Anchor Advertising, Inc. v. Burt, Texas, 553 S.W.2d 760, 762-763, both of which involved the Texas single act statute.

International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95, established the “minimum contacts” test for jurisdiction. McGee v. International Life Insurance Co., 355 U.S. 220, 223, 78 S.Ct. 199, 2 L.Ed.2d 223, said that the test was satisfied when “the suit was based on a contract which had substantial connection” with the forum state. Hanson v. Denckla, 357 U.S. 235, 78 S.Ct. 1228, 1239, 2 L.Ed.2d 1283, did not modify the McGee decision but rejected personal jurisdiction because the cause of action did not arise “out of an act done or transaction consum[*937] mated in the forum State.” Ibid, at 251, 78 S.Ct. at 1238. In the instant ease, the purchase orders were accepted in Kansas. The goods were manufactured in, and shipped from, Kansas. Partial payment was made to Pedi Bares in Kansas.

The principal distinction between the present case and McGee is that there the defendant made the initial solicitation while here that was made by the plaintiff. Initial contact is not decisive. The subsequent conduct of P & C shows that it purposely availed itself of the privilege of carrying on activities to secure goods from a Kansas manufacturer and seller.

No Kansas or Tenth Circuit decision controls determination of the point at issue. Misco-United Supply, supra, 528 P.2d 1248, was concerned with a sale by a resident to a nonresident of goods manufactured outside of Kansas. The only Kansas contact was a telephone call by the buyer to the seller. Applying the single act statute, the court said that the due process requirements were not satisfied because the Kansas corporation acted merely as a “clearing house” for an out-of-state transaction. Ibid, at 1253. Oswalt Industries, Inc., Kan., 297 F.Supp. 307, applied the transaction of business provision of the Kansas long-arm statute, § 60-308(b)(l), and held that the placing of an order by a nonresident with a resident was not the transaction of business. Those portions of the opinion dealing with the due process requirements are not persuasive. The reasoning in Doyn Aircraft Inc. v. Wylie, 10 Cir., 443 F.2d 579, 582-583, which also involved the transaction of business provision of the Kansas statute, is more convincing.

P & C contends that application of a long-arm statute cannot be based on the unilateral acts of the seller in the forum state. The argument is not pertinent here. P & C acted affirmatively. It wrote the letter which initiated the transactions. Stores serviced by P & C ordered the goods which were manufactured in and shipped from Kansas. P & C sent to Pedi Bares in Kansas payments for part of the goods. Due process does not require the presence in the forum state of the defendant or one of its agents. 2 Moore’s Fed.Prac. If 4.25[5], pp. 1171-1172, citing McGee, 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223, and Travelers Health Association v. Virginia, 339 U.S. 643, 70 S.Ct. 927, 94 L.Ed. 1154; see also Product Promotions, Inc. v. Cousteau, 5 Cir., 495 F.2d 483, construing the single act statute of Texas.

The defendant’s conduct must be such that it “purposefully avails itself” of the privilege of acting within the forum state and invoking its laws. Hanson v. Denckla, 357 U.S. at 253, 78 S.Ct. 1228. The act must have “reasonably foreseeable consequences within the [forum] State.” See Product Promotions, Inc. v. Cousteau, 495 F.2d at 496; In-Flight Devices Corporation v. Van Dusen Air, Inc., 6 Cir., 466 F.2d 220, 226; and 4 Wright and Miller Fed.Prac. and Pro., § 1069, pp. 259-260, n. 86. These requirements are satisfied. The acts were purposeful and the consequences in Kansas reasonably foreseeable.

International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95, requires that the contact be “such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’ ” No particular factor is decisive. Consideration should be given to the interest of the state in providing a forum, the relative convenience of the parties, and basic equities. See Product Promotions v. Cousteau, 495 F.2d at 498.

Kansas has a manifest interest in providing redress for its residents injured by nonresidents engaged in any activity which the state treats as subject to special legislation. See Hanson v. Denckla, 357 U.S. at 252, 78 S.Ct. 1228. That interest includes protection of its residents against breach of a contract by a nonresident for the purchase of goods made in Kansas. The convenience of witnesses is about equally balanced. P & C has shown no inequities which result from a Kansas suit.

Nothing in the record offends any concept of ultimate justice. P & C paid for part, but not all, of the goods. Its obliga[*938] tion to pay the balance due can be determined in Kansas as well as in New York or any other state. We are convinced that the Kansas single act statute was constitutionally and properly applied.

Affirmed.