Drake Manufacturing Co. v. Polyflow, Inc.

OPINION BY

JENKINS, J.:

Polyflow, Inc. (“Polyflow”) appeals from a money judgment entered in favor of Drake Manufacturing Company, Inc. (“Drake”) in Drake’s action for breach of contract. Polyflow argues that the trial court erroneously denied Polyflow’s motion for judgment n.o.v., because at the time of trial, Drake lacked capacity to sue Poly-flow due to Drake’s failure to register in Pennsylvania as a foreign business corporation.

Polyflow timely raised Drake’s lack of capacity to sue as an affirmative defense to Drake’s action. At trial, Polyflow demonstrated that Drake failed to obtain a…