Continental Telephone Corporation v. M. G. Weaver

Fifth Circuit

Continental Telephone Corporation v. M. G. Weaver

410 F.2d 1196, 1969 U.S. App. LEXIS 12457

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 9, 1969

Docket26187

StatusPublished

Cited by7 cases

This text of 410 F.2d 1196 (Continental Telephone Corporation v. M. G. Weaver) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Continental Telephone Corporation v. M. G. Weaver, 410 F.2d 1196, 1969 U.S. App. LEXIS 12457 (5th Cir. 1969).

Pincite

Opinion

PER CURIAM:

This is an appeal from a summary judgment granted by the trial court dismissing a suit for specific performance of a contract by which the appellant agreed to acquire all the outstanding shares of stock of an Alabama telephone company.

Although other defenses were asserted, the trial court based its judgment denying relief on the defense provided by an Alabama statute permitting the avoiding of all contracts made in Alabama by a foreign corporation which had not registered in Alabama, if it was doing business in that state. See Alabama Stat. Title 51, Sec. 342 (1958).

It appearing without dispute that Continental had engaged in a number of acts that, under the laws of the State of Alabama, amount to doing business in that state, we conclude that the trial court properly disposed of the suit by giving effect to this defense.

The judgment is affirmed.

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