Legal Opinion

Republic Creosoting Co. v. Boldt Const. Co.

Court of Appeals for the Sixth Circuit

Decided March 14, 1930No. 5401Published

1Opinion of the Court

MOORMAN, Circuit Judge.

The substantial question in this ease is whether a contract of an Indiana corporation made in Ohio, before the corporation had qualified to do business in that state, is enforceable against the resident contracting party, in an action brought in a district court of the United States sitting in that state.

Sections 178, 179, and 183 of the Ohio Code provide that no foreign corporation shall transact any business for profit, or maintain an action in the state, until it shall have procured a certificate from the Secretary of State showing that it has filed in his office a…

2Cases cited14 opinions

  1. David Lupton's Sons Co. v. Automobile Club of AmericaSupreme Court of the United States · 1912
  2. Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
  3. Diamond Glue Co. v. United States Glue Co.Supreme Court of the United States · 1903
  4. Chattanooga National Building & Loan Ass'n v. DensonSupreme Court of the United States · 1903
  5. List v. Burley Tobacco Growers' Co-Operative Ass'nOhio Supreme Court · 1926

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