Tate v. Atlanta Oak Flooring Co.

*367A. E. Tate, trading as A. E. Tate Lumber Company, sued the Atlanta Oak Flooring Company, claiming the sum of $330.00 alleged to be due it for the failure of the defendant to perform its contract with the plaintiff.

It was proven that A. E. Tate was the sole owner of the company bearing his name. The principal ground of defense, and the one with which we are alone concerned, is that the plaintiff operates under a trade name and, having failed to comply with the requirements of section 4722(1) of the Code of Virginia, it was operating in violation of law, and therefore any contract made by it is…