Gulledge Bros. Lumber Co. v. Wenatchee Land Co.
Supreme Court of Minnesota
After tbe former appeals reported in 111 Minn. 418, 127 N. W. 395, 923, 115 Minn. 491, 132 N. W. 992, 118 Minn. 273, 136 N. W. 738, the action was tried on tbe plea of abatement set ont in tbe answer to tbe third amended complaint, before Hale, J., who made findings and ordered judgment dismissing tbe action. From an order granting plaintiff’s motion for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
Plaintiff was incorporated under tbe laws of tbe state of Washington, in September, 1903. This action was commenced June 4, 1909, to recover damages for breach of a contract. Tbe complaint states a cause of action. Gulledge Brothers Lumber Co. v. Wenatchee Land Co. 111 Minn. 418, 127 N. W. 395, 923.
Defendant in its answer pleaded, by way of abatement, that plaintiff was incapacitated from commencing and maintaining this action by reason of its failure to pay an annual license tax imposed by tbe laws of tbe state of Washington. After plaintiff rested its case, tbe court beard defendant’s…
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