Standard Sewing Machine Co. v. Frame

Citations

• 18 Del. 430
• 2 Penne. 430
• 48 A. 188
• 1900 Del. LEXIS 8
• 1900 Del. Super. LEXIS 7

Syllabus

<p>Replevin—foreign Corporations—Doing Business in Stale—Statute; Taking Advantage of—Contract—Pleading—Evidence— Statute of limitations—Lease—Option, to Buy.</p> <p>1. If a person who is able to read signs his name to a paper, the presumption is that such person understood the meaning of the instrument, or by the exercise of reasonable care might have done so. In order to avoid the contract the burden is placed on the defendant to show that she was so ignorant that she did not, and could not, understand what she signed. If she was able to understand it, or by the exercise of reasonable diligence might have understood it, the contract is valid and binding.</p> <p>2. Where a person has contracted with a corporation, such person is estopped from denying that the corporation was authorized by its charter to make the contract.</p> <p>2. Where the defendant had an option to purchase the article for which the writ of replevin was issued, the statute of limitations would not begin to run against the action until the expiration of defendant’s right or option to purchase, because until that time the plaintiffs cause of action would not accrue.</p> <p>4. A State may prevent foreign corporations from ¡doing any business in the State until they have fulfilled all the requirements imposed by the Legislature. Advantage of the plaintiffs failure to comply with such requirements, however, is generally taken in other States by plea in abatement, other special plea or by answer. Where there is nothing in the pleadings or evidence showing that plaintiff had not complied with the requirements of the statute, held the statute was not applicable.</p>