Legal Opinion

White River Lumber Co. v. Southwestern Improvement Ass'n

Supreme Court of Arkansas

Decided March 26, 1892PublishedCited by 8 opinions

APPEAL from Monroe Circuit Court. • Matthew T. Sanders, Judge. The Southwestern Improvement Association, a Missouri corporation, sued the White River Lumber Company, a corporation of Arkansas, to recover rents due under a contract for the lease of land situated in this State. Defendant has appealed from a judgment in plaintiff’s favor.

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APPEAL from Monroe Circuit Court. • Matthew T. Sanders, Judge. The Southwestern Improvement Association, a Missouri corporation, sued the White River Lumber Company, a corporation of Arkansas, to recover rents due under a contract for the lease of land situated in this State. Defendant has appealed from a judgment in plaintiff’s favor. The facts sufficiently, appear in the opinion. 1. By Acts 1887 (April 4th), all contracts of foreign corporations are absolutely void unless the act is complied with. Such acts have been held valid. 8 Wallace, 168; 13 U. S., 381 ; 1 Am. & Eng. Corp. Cases, 1,…

1Opinion of the CourtHemingway, J.

The only defense to the action in this case was that the contract sued upon was made by a foreign corporation which had not complied with the constitution and statutes prescribing the terms on which such corporations may do business in the State. It appeared by the complaint that the plaintiff was a foreign corporation; and the defendant offered to prove that it had done business in the State and had not complied with'the law relating thereto, but the court excluded the evidence. The defendant asked that the court instruct the jury, in substance, that the plaintiff could not recover unless it…

2Cases cited1 opinion

  1. Jackson v. GreenIndiana Supreme Court · 1887

3Cited by8 opinions

  1. Underwood Typewriter Co. v. PiggottWest Virginia Supreme Court · 1906
  2. Chittim v. Belle Fourche Bentonite Products Co.Wyoming Supreme Court · 1944
  3. Davis v. General Motors Acceptance Corp.Supreme Court of Arkansas · 1922
  4. Brace v. Gauger-Korsmo Const. Co.Court of Appeals for the Eighth Circuit · 1929
  5. Rachels v. Stecher Cooperage WorksSupreme Court of Arkansas · 1910

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