Legal Opinion

Puffer Manufacturing Co. v. Kelly

Supreme Court of Alabama

Decided November 30, 1916PublishedCited by 26 opinions

Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by the Puffer Manufacturing Company against W. B. Kelly. Judgment for defendant and plaintiff appeals.

1Opinion of the CourtSomerville, J.

The plaintiff, a Massachusetts corporation, sues to recover the purchase price for one complete soda fountain and appurtenances sold and shipped from its factory at Boston to the defendant at Montgomery, Ala. The defense upon which the trial hinged is that the plaintiff corporation was, under *132its contract of sale, transacting business in Alabama without having complied with sections 3642-3644 and 3651 of the Alabama Code, which impose certain duties upon foreign corporations as a condition to their transaction of business within the state. It is shown that plaintiff has not qualified under…

2Cases cited19 opinions

  1. Browning v. City of WaycrossSupreme Court of the United States · 1914
  2. S. R. Smythe Co. v. Ft. Worth Glass & Sand Co.Texas Supreme Court · 1912
  3. S. R. Smythe Co. v. Ft. Worth Glass & Sand Co.Texas Supreme Court · 1912
  4. American Amusement Co v. East Lake Chutes Co.Supreme Court of Alabama · 1911
  5. Milan Milling, etc., Co. v. GortenTennessee Supreme Court · 1894

14 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Green Tree Acceptance, Inc. v. BlalockSupreme Court of Alabama · 1988
  2. Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
  3. Houston Canning Co. v. Virginia Can Co.Supreme Court of Alabama · 1924
  4. J. B. Simpson, Inc. v. O'HaraMichigan Supreme Court · 1936
  5. Metal Door & Trim Co. v. HuntSupreme Court of Oklahoma · 1934

21 more not listed; retrieve them via the Exa API.

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