Geo. W. Muller Mfg. Co. v. First Nat. Bank
| Decision Date | 08 February 1912 |
| Citation | 57 So. 762,176 Ala. 229 |
| Parties | GEO. W. MULLER MFG. CO. v. FIRST NAT. BANK OF DOTHAN. |
| Court | Alabama Supreme Court |
Appeal from Chancery Court, Houston County; L. D. Gardner Chancellor.
Bill by the Geo. W. Muller Manufacturing Company against the First National Bank of Dothan to enforce a lien for supplies and labor in a building. Decree for respondent, and complainant appeals. Affirmed.
The bill alleges that the complainant is a corporation, organized under the laws of the state of Georgia and doing business in the city of Atlanta, and that the respondent is a corporation, organized under the laws of Alabama and doing business in Dothan, Ala. It is alleged that a certain contract was entered into between the said corporations wherein complainant was employed by respondent to furnish certain marble trimmings and other fixtures for the purpose of erecting in the interior of the bank building a set of bank fixtures, counters, offices, cages, and trimmings, at and for a certain price; that this contract was afterwards amended and modified by mutual agreement in writing; and that during the progress of the work certain parol agreements altering or amending the contract, were entered upon. The contract, together with the written amendments or alterations, was set out as an exhibit to the bill and the parol agreements were made the subjects of certain paragraphs. It is then alleged that certain payments had been made on the contracts, and that there remains due for the building, fixtures, and improvements, and materials used therein, and for the work in improving and beautifying the same, the net amount of $8,228.87. Then follow averments as to filing of the lien in the probate office, etc., which is also made an exhibit to the bill. The schedule of the work to be furnished was also attached, and showed the building of brick walls, the putting on of finished plaster, and the furnishing of a great many different articles going to make up the fixtures and furniture of a bank, and the putting of them into place. The demurrers raise the question discussed in the opinion, together with the right of the bank to make such a contract.
W. L Lee and A. E. Pace, for appellant.
Espy & Farmer, for appellee.
A foreign corporation which has not complied with the requirements of sections 3642 and 3644 of the Code of 1907 is prohibited from doing a single act of business in this state if done in the exercise of its corporate function, and said corporation cannot sue in this state until it has put itself in a position to be sued therein...
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