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NAGLE MOTORS v. VOLKSWAGEN N. C. DISTRIBUTOR

No. 37.

51 Wis.2d 413 (1971)

187 N.W.2d 374

NAGLE MOTORS, INC., Appellant, v. VOLKSWAGEN NORTH CENTRAL DISTRIBUTOR, INC., Respondent.

Supreme Court of Wisconsin.

Decided June 7, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs by Aagaard, Nichol & Wyngaard and Robert W. Aagaard and Michael J. Wyngaard, all of Madison, and oral argument by Robert W. Aagaard.

For the respondent there was a brief by William F. Nelson and Stafford, Rosenbaum, Rieser & Hansen, all of Madison, attorneys, and David N. McBride and Ross, Hardies, O'Keefe, Babcock, McDugald & Parsons, all of Chicago, Illinois, of counsel, and oral argument by Mr. Nelson.

A brief amicus curiae was filed by Wheeler, Van Sickle, Day & Anderson and Roland B. Day, all of Madison, for the Wisconsin Automotive Trades Association.

HEFFERNAN, J.

Although Nagle Motors is the plaintiff in this equitable action that seeks to restrain the distributor from cancelling the dealer's franchise, the appellant (the dealer) asserts that, under the Wisconsin statutes, the respondent (the distributor) is precluded from defending itself in the Wisconsin courts because it has not secured a certificate of authority pursuant to the Wisconsin corporation law.

The dealer takes the position that secs. 180...

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