Chicago Mill & Lumber Co. v. Sims
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. H. G. Biley, Judge. (1) The contract sued on is void. R. S. 1899, sec. 1030; Downing v. Ringer, 7 Mo. 585. (2) And after compliance by filing a certificate of incorporation, etc., can not relate back and validate the contract sued on. Blevins v. Fairly, 71 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. H. G. Biley, Judge. (1) The contract sued on is void. R. S. 1899, sec. 1030; Downing v. Ringer, 7 Mo. 585. (2) And after compliance by filing a certificate of incorporation, etc., can not relate back and validate the contract sued on. Blevins v. Fairly, 71 Mo. App. 259; Lumber Company v. Thomas, 92 Tenn. 587. (3) In the case of Carson-Rand Co. v. Stern, 129 Mo. 381, the question of the validity of the notes and accounts sued on was not raised. In this case, the defendant did not plead to the merits, but merely filed a motion to dismiss for want of…
1Opinion of the CourtGoode, J.
Respondent is a foreign corporation organized under the laws of the State of Illinois. It instituted this action on a covenant contained in a deed executed by appellant Sims, November 29, 1898, which was intended to convey the growing timber on a tract of land in Pemiscot county, Missouri, and allow respon*572dent to cut and remove the timber within three years from its date.
The covenant on which the action is founded reads as follows:
“I warrant said timber and trees to be free and clear from any incumbrance done or suffered by me, or those under whom I claim, and I will warrant and defend the…
2Cases cited24 opinions
- Fritts v. PalmerSupreme Court of the United States · 1889
- Cary-Lombard Lumber Co. v. ThomasTennessee Supreme Court · 1893
- The Walter A. Wood Mowing v. CaldwellIndiana Supreme Court · 1876
- Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
- Utley v. Clark-Gardner Lode Mining Co.Supreme Court of Colorado · 1878
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3Cited by5 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- State v. American Book Co.Supreme Court of Kansas · 1904
- Chicago Mill & Lumber Co. v. SimsSupreme Court of Missouri · 1906
- German American Bank v. SmithMissouri Court of Appeals · 1919