Watkins Company v. Dutt

WUEST, Circuit Judge.

This is an action by the plaintiff against defendant, Dutt, for merchandise purchased, and defendants, Roy and Adeline Swingler, as sureties guaranteeing payment. The plaintiff is a Delaware corporation with its principal place of business at Winona, Minnesota. Defendants are residents of South Dakota.

Prior to August 30, 1965, plaintiff was not licensed to transact business in South Dakota, as provided by SDC 11.21. A purchase and surety agreement was executed by the parties in November 1962 at Winona, Minnesota. Between November 29, 1962 and April 20, 1965, plaintiff…