A. E. Sutton & Co. v. Coast Trading Co.

Citations

• 49 Wash. 694
• 96 P. 428
• 1908 Wash. LEXIS 650

Syllabus

<p>Partnership — Contracts—Validity — Authority to Contract— Filing Certificate — Statutes—Violation—Effect. The contracts of a partnership are not invalidated by reason of its failure to file with the county clerk a certificate showing the names of the partners, as required by Laws 1907, p. 288; since the statute does not so provide and contains nothing from which such effect can be inferred, under the strict-construction requiring a law in derogation of a common law right to clearly show the intent.</p> <p>Same — Actions—Right to Maintain. Laws 1907, p. 290, § 5, providing that no action shall be maintained by a 'copartnership without alleging and proving the filing of a certificate with the county clerk as required by § 1 to entitle it to do business, is complied with by filing the certificate before suit brought upon a contract; since the contract is not void for failure to make a previous filing.</p>