Thomas Industries, Inc. v. Wells

This is a suit seeking enforcement of a security interest and payment for goods sold on a non-interest-bearing promissory note and on open account. Following plaintiffs opening statement, the trial court on defendants’ motion dismissed the cause with prejudice because plaintiff Thomas Industries, a foreign corporation manufacturing lighting products, had transacted business in Michigan without a certificate of authority. MCLA 450.2011; MSA 21.200(1011), MCLA 600.2021; MSA 27A.2021.

On appeal, plaintiff initially claims that the paucity of facts garnered below prevented the lower court from…