Western Felt Works v. Modern Carpet Cleaning & Storage Corp.

This motion is for summary judgment under rule 113 of the Rules of Civil Practice. It is opposed principally on the ground that plaintiff, a foreign corporation, suing upon a contract made in this State, failed to allege in its complaint that *496it has complied with the statute requiring it to obtain a certificate of authority to do business in this State, which is a condition precedent to the commencement of this action. The answer does not deny any of the allegations of the complaint, but it sets up a special defense alleging plaintiff’s failure to plead compliance with the statute.

Wood &…