City Sales Agency, Inc. v. Smith
Mississippi Supreme Court
Appeal from chancery court of Simpson county. Hon. D. M. Russell, Chancellor. Suit by the City Sales Agency, Incorporated, against W. F. Smith, Jr. Decree for defendant, and complainant appeals. Counsel for appellee takes the same position in this court that he did in the court beloAV.
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Appeal from chancery court of Simpson county. Hon. D. M. Russell, Chancellor. Suit by the City Sales Agency, Incorporated, against W. F. Smith, Jr. Decree for defendant, and complainant appeals. Counsel for appellee takes the same position in this court that he did in the court beloAV. That appellant Avas doing-business in the state of Mississippi in violation of its laivs; he overlooks the fact that the status of the contract is determined by the initial order for the purchase of the trucks. The order Avas signed by the appellant, Avhile it does not shoAV on its face Avhere it Avas signed,…
1Opinion of the Court
Holden, J.,'
delivered the opinion of the court.
This is a suit in chancery by the appellant, the City Sales Agency, Incorporated, against the appelleé, W. F. Smith, Jr., to foreclose a lien for the purchase money on two motor trucks. The appellee defended in the lower court upon two grounds, but it is unnecessary to mention but. one, because the chancellor based his decision upon only one ground, and that is that the appellant was a foreign corporation domiciled in the state of Louisiana, and was doing business in this state without first having filed its charter in compliance with section…
2Cited by6 opinions
- Davidson v. FornicolaNew Jersey Superior Court Appellate Division · 1955
- Item Co., Ltd. v. ShippMississippi Supreme Court · 1925
- Newell Contracting Co. v. State Highway CommissionMississippi Supreme Court · 1943
- Savell v. Schultz, Baujan & Co.Mississippi Supreme Court · 1952
- Long Beach Canning Co. v. ClarkMississippi Supreme Court · 1926
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