State v. American Book Co.

Citations

• 69 Kan. 1
• 76 P. 411
• 1904 Kan. LEXIS 203

Syllabus

<p>1. Foreign Corporations—Contracts Made Before Compliance with the Statute. Contracts made with, a foreign corporation before it has obtained permission under the provisions of chapter 10, Laws of 1898, and chapter 125, Laws of 1901 (Gen. Stat. 1901, §1259, et seq.), to do business in this state are not for that reason invalid or subject to cancelation at the suit of one of the contracting parties.</p> <p>SYLLABUS BY THE COURT.</p> <p>2. -Regulation by the State, and Not by a Citizen. The regulation of foreign corporations under the statutes referred to devolves upon the state, and a private individual is not allowed to interfere except in the single instance of a failure by the corporation to file its annual statement, and then only to the extent of abating a suit against him until the required statement shall have been filed.</p> <p>3. - When Injunction Will Not Lie. After a foreign corporation has complied with the law and has received permission to do business in the state, it cannot be enjoined at the suit of the state from performing contracts made before such permission was obtained.</p> <p>4. -Negotiation with State Sehool-text-booTc Commission Distinguished. The negotiation of a foreign corporation with the state school-text-book commission, resulting in a contract and bond to supply the public schools with text-books, does not constitute the doing of business within the state by such corporation, within the meaning of the statutes cited in the first paragraph of this syllabus.</p>