Meunerie Sawyerville, Inc. v. Birt

The issue before the Court is whether 11 V.S.A. § 2120(a) requires a foreign corporation engaging in interstate and intrastate commerce to register to do business in this state as a prerequisite to filing suit on a contract in this state’s courts. We hold that where the corporation’s intrastate activities are incidental to the interstate activities, the transaction is one in interstate commerce and thus the Commerce Clause of the United States Constitution protects the foreign corporation from application of 11 V.S.A. § 2120(a). Consequently, we reverse the judgment of the trial court…