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ZACK CO. v. ROBERT L. TURCHIN, INC.

No. 72-150.

271 So.2d 39 (1972)

The ZACK CO., a Florida Corporation, d/b/a Miami Roofing & Sheet Metal Co., Appellant, v. ROBERT L. TURCHIN, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

December 19, 1972.

Attorney(s) appearing for the Case

Friedman, Britton & Stettin, Orlando, and William H. Benson, Miami Shores, for appellant.

Richard P. Kenney, Miami, for appellee.

Before CHARLES CARROLL and HENDRY, JJ., and LILES, WOODIE W., Associate Judge.

PER CURIAM.

Appellant, The Zack Co., brought suit against appellee originally in 1966. The first count of the complaint stated a cause of action for "open account." The second stated a cause of action for "account stated," and the third count for "goods, wares and merchandise sold and delivered." During the course of the trial, the domicile of The Zack Co. become an issue. It was discovered that the corporation was an Illinois corporation and had no standing to bring...

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