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NATIONAL &c. CORP. v. MT. OLIVE &c. INC.

56772.

148 Ga. App. 398 (1978)

251 S.E.2d 311

NATIONAL HERITAGE CORPORATION v. MOUNT OLIVE MEMORIAL GARDENS, INC.

Court of Appeals of Georgia.

Decided October 30, 1978.

Rehearing Denied December 7, 1978.

Attorney(s) appearing for the Case

Hull, Towill, Norman, Barrett & Johnson, John L. Creson, for appellant.

Foss, Pettigrew & Trippe, T. J. Foss, for appellee.

WEBB, Judge.

On March 5, 1974, National Heritage filed an action against Mt. Olive for breach of contract. Mt. Olive responded that the contract was void because at the time it was entered into and prior to the time the suit was instituted National Heritage was a foreign corporation transacting business in the state of Georgia without a certificate of authority, and Mt. Olive pursuant to the provisions of Code Ann. § 22-1421 (c) voided, avoided and disaffirmed...

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