River City Broadcasting, Inc. v. Systems with Reliability, Inc.

The opinion of the court was delivered by

Davis, J.:

River City Broadcasting, Inc., (River City) brought suit for breach of implied warranties against Glenn Bell d/b/a Bell Marine Consulting (Bell) and Systems with Reliability, Inc., (Systems). The jury found for River City and awarded $50,000 in damages assessed against Bell alone. Bell appealed, claiming River City lacked capacity to sue because its articles of incorporation were not filed with the register of deeds on the date suit was filed. The Court *681of Appeals affirmed in an unpublished opinion filed November 22, 1996. We granted review…