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 factorybranch in Dallas, Texac, to a dealer in Lampasas, Texas, la hauling "from dealer to dealor".
?!e receivedyour letter dated February 28th and Msrch 8th, lg&, Foquestlngour opinion on the follov&ngquestion:

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, "buyshis farm machinery througha LFactory Drancb office at Dallas, Texas, and hq_pays the Allis-Chalmers Pactory,which Unlocated scmeuhereIn the Eastern States, the purchaseprice 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 concernwhich 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 AnnotatedCivil Statutesireadn, In port, as fcllowst

"The P2illroad

Commissionis hereby given authorityto Issue upon applicationto those person3 who desire to engage In the buslneas of transporting for hire **over** the highways of this State, livestock, mohair,wool, milk livestockfeedstuffs,household goods, 011 field equipment,and used office furniture and equipment,timber, when In its natural state, farm maohinery,and grain specialpermits upon such term6, conditionsand restrictions as the Railroad Commlsslon may deem proper, and to make rules and regulations governlng such operationskeeping In mirdthe PrOteCtiOn of the hi@$ays and the safety of the travelingpublic; .a....son-able Gordon C. G .x, Page 2 G-2~15

An order promulgatedby the Railroad Commlssion,under the provlslons of the above quoted articleprohibits a special commodjt:j curler from hauling from dealer to dealer. Since the RailroadCommloslon 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 livestockfeedstuf'fc within the meaning of the order in questlonwhich prohibited the hauling f’romd3aler.to dealer. We quotr from said oplrd.or., ln pert, as follows:

A "dealer" is a "personwho make c a business of buying and sellQ¶ggoods, especiallyg as distinguished

from a manufacturer, without altering their condition. State v. San PatrlcloCanning Co., 17 S.N. (2d) 160 and authoritiescltedtherein.

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 Norris v. corn.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 questionwas whether a **canner** of shrimpwho p;urc!maaed shrimp iYom fishernen, processedand canned the shrimp, and sold them to whol&salersand 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 sellingpigs; than a fruit canner 1s a wholesaledealer, .engaged In the buslzzess

of buyin& and sellin&peaches; than the owner of a breakfast food plant is a~wholesaledealer engaged In the business of buying and’sellingcorn, 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 assumptionthat the Allls-Chalmers Company manufactures md sells fam machiner!~ as dMA.wulshed from buying and sell?ng larm maahlnery, then It ls,logiaalto say that the said company Is not a dealer In fW?m maahinexy as that term is ordinarilyused.

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 mentioneddonarable 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