Bonorcible Gordon C. Gas8 

county Attorney 

Lampanas.County 

Lampaaa. Texas 

Dear Sir8 Oplnlbn No. O-2015 

Ret Whether the haullng of farm machinery 

from a factory branch in Dallas, 

Texac, to a dealer in Lampasas, 

Texas, la hauling "from dealer to 

dealor". 

?!e received your letter dated February 28th and Msrch 8th, 

lg&, Foquestlng our opinion on the follov&ng question: 

Does the haul- of farm machinery from a factory branch 

office located In Dallas, Texas to a dealer located in Lsmpase~~ Texas, 

constitute hauling from doalcr to dealer? 

You ntate In your letter that the dealer In Lampasas, Texas, 

"buys his farm machinery through a LFactory Drancb office at Dallas, Texas, 

and hq_pays the Allis-Chalmers Pactory, which Unlocated scmeuhere In the 

Eastern States, the purchase price for the ssme. We assume from the 

above stated facta that the branch office is a part of the Allis-Chalmers 

Company and is not an Independent concern which buys and sells farm 

machinery. It Is also necesswJ to assume that the Allis-Chalmers Factory 

~actuallg~manufactures the farm machinery In question. 

Article glib, Section 6 (d), Vernon's Annotated Civil 

Statutesi readn, In port, as fcllowst 

"The P2illroad Commission is hereby given 

authority to Issue upon application to those person3 

who desire to engage In the buslneas of transporting 

for hire over the highways of this State, livestock, 

mohair, wool, milk livestock feedstuffs, household 

goods, 011 field equipment, and used office furniture 

and equipment, timber, when In its natural state, farm 

maohinery, and grain special permits upon such term6, 

conditions and restrictions as the Railroad Commlsslon 

may deem proper, and to make rules and regulations 

governlng such operations keeping In mirdthe PrOteCtiOn 

of the hi@$ays and the safety of the traveling public; 

.a.... 
son-able Gordon C. G .x, Page 2 G-2~15 

An order promulgated by the Railroad Commlssion,under 

the provlslons of the above quoted article prohibits a special commodjt:j 

curler from hauling from dealer to dealer. Since the Railroad Commloslon has not defined the word "dealer' as used iz~ the above quoted 

order, we *have to resort to its ordlnar;r meaning. 

In our qinion,Bo. O-lZ!‘70, ne held tkst a Cotton-seed 

011 mill was not a dealer 3-n livestock feedstuf'fc within the meaning of 

the order in questlon which prohibited the hauling f’romd3aler.to dealer. 

We quotr from said oplrd.or., ln pert, as follows: 

A "dealer" is a "person who make c a business of buying and 

sellQ¶g goods, especiallyg as distinguished from a manufacturer, without 

altering their condition. State v. San Patrlclo Canning Co., 17 S.N. 

(2d) 160 and authorities cltedtherein. 

In State v. Yearby, 82 N.C. 561, 23 JGII, Rep. 69, the 

Supreme Court of that state held that one who Wys cattle, sheep and hogs 

and sells neat, is not adzaler In meat. 

9 State V, Chadbourn, 80 N.C. 479, 39 Am. Rep. 94, propletops of sawmill, bought Wnber, cut it up, and add It as lumber. They 

were held not to be doalerd'in lumber. 

In Norr is v. cor n. l 2i’ Pac. 495, ore find thla lati!gusge.t 

A dealer In the popula?, and, therefore, In the statutory, sense of the 

word, Is not one who buys to keep, or m&es to sell, but one nho buys 

to sell again." 

L? State v. San Patrlclo, supra, the question was whether 

a canner of shrimp who p;urc!maaed shrimp iYom fishernen, processed and 

canned the shrimp, and sold them to whol&salers and chain stores through 

brokers, was a dealer l?i~ shrimp. The court held that the canner was not 

a dealer, In the sense in which thls'term fs ordinarl'ly employed, but was 

a proaessor, a aanner or a manufacturer. From this opinion, we quote as 

rollowst 

"It is no more such dealer than on who 

operates-a modern packing house plant le a wholesale 

deaLer engaged in buying and selling pigs; than a 

fruit canner 1s a wholesale dealer, .engaged In the 

buslzzess of buyin& and sellin& peaches; than the 

owner of a breakfast food plant is a~wholesale dealer 

engaged In the business of buying and’selling corn, 

or oats, or rice; than an Iron founder.i.5 a wholesale 

dealer e qaged 

lronore. 

In the business of byaylng and sellIn 

If we are aorrect In our assumption that the Allls-Chalmers 

Company manufactures md sells fam machiner!~ as dMA.wulshed from buying 

and sell?ng larm maahlnery, then It ls,logiaal to say that the said company 

Is not a dealer In fW?m maahinexy as that term is ordinarily used. 

We therafore advise you that the hauling of f?rm machinery 

from the Allis-Chalmers factory branch office in Dallas, Texas, to a 

dealar in Lampa~as, Texas, by a special commodity carrier doe8 not constitu 

Fdtrng from dealer to dealer within the meanlng of the herein mentioned 
donarable Qordon C. Ca88, ~&Ix? 3 a-2035 

YOUrS very tNb 

3y s/ Olenn R. Lewla 

3lonn R. Lewi3 

By a/ Lee Shoptaw 

Lee Shoptaw 

Ls:3o:wc