Farmers State Bank v. Place-Wiederholt Chevrolet-Oldsmobile, Inc.

KENNEDY, Chief Judge.

Place-Wiederholt Chevrolet-Oldsmobile, Inc., defendant in an action commenced against it by Fanners State Bank, suffered a summary judgment for plaintiff upon Place-Wiederholt’s counterclaim against the plaintiff Bank, on the ground that Place-Wiederholt’s corporate charter had been forfeited on January 1, 1979, before the filing of the counterclaim on February 12, 1980, and the forfeiture had not been rescinded at the time of the summary judgment on December 12, 1986.

On December 22, 1986, the forfeiture of the corporate charter was rescinded by the secretary of state and…