Weldon, Williams & Lick, Inc. v. L. B. Poultry Co.

RENDLEN, Judge.

Defendant, appealing an order granting summary judgment in plaintiff’s action on account, urges as error: (1) summary judgment was improvidently ordered since genuine issues of material fact appear; (2) defendant was denied a full opportunity to depose plaintiff’s officers in Missouri; and (3) plaintiff’s petition failed to allege compliance with § 351.635, RSMo 1969, V.A. M.S., a prerequisite to suits by nonresident corporations in Missouri courts. For reasons we shall discuss, the judgment is reversed and cause remanded.

Plaintiff, a printing concern, alleged that defendant…