L. J. Barry Coal Co. v. Houghten

The L. J. Barry Coal Company brought suit against Robert and Elizabeth Houghten to restrain the prosecution of a suit brought by de fendants against the plaintiff before the circuit court commissioner to regain possession of real estate occupied by plaintiff under a lease. Plaintiff claimed right to possession because of a written option to purchase the property, given on December 6, 1935. We are only concerned in the present suit with the question whether plaintiff’s corporate rights were suspended at the time the option was given so that it could not make an enforceable contract, and…