F.2d 511, 146 A.L.R. 926, it was stated by the Court of Appeals that contracting casually or continuously is not essential for jurisdictional purposes. Therefore, the Court concludes that the defendant corporation has been doing business here within the meaning of the applicable statute and is subject to service here.
The second ground leading to the same conclusion is a narrower one. To repeat, we have here an action on a contract made in the District of Columbia. The applicable statute, D.C.Code, Title 13-103, specifically provides:
'When a foreign corporation shall transact business in the District without having any place of business or resident agent therein, service upon any officer or agent or employee of such corporation in the District shall be effectual as to suits growing out of contracts entered into or to be performed, in whole or in part, in the District of Columbia or growing out of any tort committed in the said District.'
Thus Congress clearly intended that, as to contracts made in the District of Columbia, limitations on service of process in the District should be more liberal, perhaps, than as to actions on contracts entered into elsewhere.
Here, of course, service was not made on any employee because, according to the defendants' contention, they have no officers or employees here. Another statute, however, Title 29-933i(b) of the District of Columbia Code, provides:
'If any foreign corporation shall transact business in the District without a certificate of authority, it shall, by transacting such business, be deemed to have thereby appointed the Commissioners its agent and representative upon whom any process, notice, or demand may be served.'
Service was made in this action under that provision.
The two statutes to which reference has just been made must be read in pari materia. In respect to actions on contracts made in the District of Columbia, service on any agent or employee in the District is sufficient. The statute last mentioned makes the Commissioners of the District of Columbia the agent of the corporation. It follows by ineluctable logic that service made here is valid under these statutes.
So far as public policy is concerned, when a corporation or person comes into the District, makes a contract here and then seeks to escape being sued here for breach of the contract, the courts should not be astute to approve ways and means to avoid service in this District.
The motion to quash service is denied.
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