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W. W. Kimball Co. v. Read

Good Law
1919 Cal. App. LEXIS 759·43 Cal. App. 342·185 P. 192
Court of Appeal of CaliforniaSeptember 22, 1919Civ. No. 2919.California1,008 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff is a foreign corporation organized under the laws of the state of Illinois and having its principal place of business in Chicago. For some time prior to the institution of this proceeding it had been selling pianos to a retail firm located in San Francisco. This local firm sold these and other pianos to its customers in this state upon conditional lease contracts providing for progressive payments. One such contract was made between this local firm and the respondent herein covering a piano not sold to the local firm by appellant, and this contract was assigned to appellant. Respondent defaulted in her payments on this contract and appellant commenced this action in replevin. Respondent interposed the special defense that appellant was without capacity to sue because it “has not complied with the laws of the state of California, in regard to foreign corporations doing business in this state.” This issue was tried on the theory that the rights of plaintiff to maintain the action depended upon a compliance with the provisions of sections 405, 406, 408, and 410 of the Civil Code. The trial court found that plaintiff had not complied with these sections of the code, and…

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