REPUBLIC CREOSOTING CO. v. BOLDT CONST. CO.

No. 5401.

38 F.2d 739 (1930)

REPUBLIC CREOSOTING CO. v. BOLDT CONST. CO.

Circuit Court of Appeals, Sixth Circuit.

March 14, 1930.


Attorney(s) appearing for the Case

George C. Dissette, of Cleveland, Ohio, for appellant.

A. M. Van Duzer, of Cleveland, Ohio (Dustin, McKeehan, Merrick, Arter & Stewart, and George Wm. Cottrell, all of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN and HICKENLOOPER, Circuit Judges, and ANDERSON, District Judge.


MOORMAN, Circuit Judge.

The substantial question in this case is whether a contract of an Indiana corporation made in Ohio, before the corporation had qualified to do business in that state, is enforceable against the resident contracting party, in an action brought in a district court of the United States sitting in that state.

Sections 178, 179, and 183 of the Ohio Code provide that no foreign corporation shall transact any business for profit, or maintain...

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