PEABODY SEATING CO. v. JIM CULLEN, INC.

No. 132.

56 Wis.2d 119 (1972)

201 N.W.2d 546

PEABODY SEATING COMPANY, INC., Respondent, v. JIM CULLEN, INC., and another, Appellants.

Supreme Court of Wisconsin.

Decided October 31, 1972.


Attorney(s) appearing for the Case

For the appellants there was a brief by Campbell, Brennan, Steil & Ryan, S.C., and Thomas J. Basting, all of Janesville, and oral argument by Mr. Basting.

For the respondent there was a brief by Heft, Coates, Heft, Henzl & Bichler and Robert H. Bichler, all of Racine, and oral argument by Robert H. Bichler.


ROBERT W. HANSEN, J.

Appellants make three contentions on appeal: (1) That the trial court erred in permitting Peabody to maintain its suit since it commenced the action without a certificate of authority to do business in Wisconsin; (2) that Peabody cannot recover under the bond because it does not have lien rights under the Wisconsin statutes; and (3) that Peabody is precluded from recovering under the bond because it...

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