Cyclone Mining Co. v. Baker Light & Power Co.
U.S. Circuit Court for the District of Oregon
At Law. On demurrer to plea. The plaintiff is a private corporation of South Dakota, and is the owner and engaged in the development and operation of mines in Baker county, Or.
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At Law. On demurrer to plea. The plaintiff is a private corporation of South Dakota, and is the owner and engaged in the development and operation of mines in Baker county, Or. On November 23, 1903, it entered into a contract with the defendant, the Baker Gas & Electric Company, a domestic corporation, whereby the latter agreed to construct and equip a pole and wire line from Baker Oily to the Cyclone Mine, then being operated by the plaintiff, a distance of Six miles, and to furnish, after January 1, 1904, certain electrical energy, not exceeding, 150 and not less than 30 kilowatts, for the…
1Opinion of the CourtWorverton, District Judge
(after stating the facts as above). The sufficiency of the plea in abatement being challenged, the question is presented whether the contract sued on can be enforced, the plaintiff not having complied with the laws of the state of Oregon regulating the doing or transacting of business within the state by foreign corporations. Counsel for plaintiff affirms that it can. Defendants’ counsel holds to the opposite view.
It is urged, mainly, that none but the state can take advantage of a noncompliance with its statute regulating the doing of business in the state by foreign corporations, and that…
2Cases cited10 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Fritts v. PalmerSupreme Court of the United States · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Oliver Co. v. Louisville Realty Co.Court of Appeals of Kentucky · 1913
- Major Creek Lum. Co. v. JohnsonOregon Supreme Court · 1921
- Johnson v. SeabobgOregon Supreme Court · 1913
- La Moine Lumber & Trading Co. v. KestersonU.S. Circuit Court for the District of Oregon · 1909
- Big Basin Lumber Co. v. Crater Lake Co.Oregon Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.