Legal Opinion
Stutzman Feed Service, Inc. v. Todd & Sargent, Inc.
District Court, S.D. Iowa
Decided January 24, 1972No. Civ. 4-948-DPublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
STUART, District Judge.
This matter has come before the Court on the Motion for Summary Judgment filed by defendants Todd & Sargent, Inc. and Warren Sargent on March 26, 1971. The motion is based on three propositions. (1) Plaintiff had no capacity to sue as its corporate certificate had been cancelled before suit was brought. (2) Stutzman Feed Services, Inc. was not a proper party as the contract had been assigned to Satellite Mills Plant, Inc. (3) This contract was a construction contract and not a contract for the purchase of “goods, wares or merchandise” and therefore not…
2Cases cited11 opinions
- Ramsouer v. Midland Valley R. Co.Court of Appeals for the Eighth Circuit · 1943
- Rangen, Inc., a Corporation, Buhl Feed & Ice Company, a Corporation, and Elwood D. Grimes v. Sterling Nelson & Sons, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1965
- Clausen & Sons, Inc., a Minnesota Corporation v. Theo. Hamm Brewing Co., a Minnesota CorporationCourt of Appeals for the Eighth Circuit · 1968
- Bernard M. Baum and Daniel S. Shulman v. Investors Diversified Services, Inc.Court of Appeals for the Seventh Circuit · 1969
- Tri-State Broadcasting Company, Inc. v. United Press International, Inc.Court of Appeals for the Fifth Circuit · 1966
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- May Department Store v. Graphic Process Company, and Bel-Aire & Associates, Inc.Court of Appeals for the Ninth Circuit · 1980
- James Freeman v. Chicago Title & Trust Co., a CorporationCourt of Appeals for the Seventh Circuit · 1974
- Accurate Construction Co. v. WashingtonDistrict of Columbia Court of Appeals · 1977
- Ideal Plumbing Company v. Benco, Inc., and Zapata Warrior ConstructorsCourt of Appeals for the Eighth Circuit · 1976
- Martino v. McDonald's System, Inc.District Court, N.D. Illinois · 1977
5 more not listed; retrieve them via the Exa API.