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· 1/21/1913

E. A. Strout Co. v. Howell

Citations

  • 27 Del. 31
  • 4 Boyce 31
  • 85 A. 666
  • 1913 Del. LEXIS 8

Syllabus

<p>1. Corporations—Foreign Corporations—Carrying on Business in State—Compliance with Statutes—Licenses.</p> <p>Doing the things required by the Constitution and statute of a foreign corporation before it can do any business in the state does not entitle such a corporation to carry on a real estate agency without obtaining the license,, which Rea. Code 1852, amended to 1893, p. 56 (13 Del. Laws, c. 117), requires' any person or corporation to obtain before engaging in such business.</p> <p>2. Licenses—Failure to Obtain—Effect on Contract—Statutes.</p> <p>Rev. Code 1852, amended to 1893, p. 56 (13 Del. Laws, c. 117), providing that no one, without first obtaining a license, shall engage in any of certain enumerated pursuits, including that of a real estate agency, without first taking out a license, and making it a misdemeanor so to do, while primarily a revenue statute, must also be considered a regulative statute, rendering unenforceable a contract for commissions for one engaged in such business without a license; some of the kinds of business named in the statute, when first passed, being properly subject to regulation.</p>

Judges: Curtis

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