Harold Lang Jewelers, Inc., a Florida corporation, through its single employee, had sold and consigned merchandise to
Question:
Harold Lang Jewelers, Inc., a Florida corporation, through its single employee, had sold and consigned merchandise to jewelry stores in western North Carolina for almost thirty years.
Lang’s employee came frequently to North Carolina for the purpose of transacting business. When the employee came to North Carolina, he always brought jewelry with him for delivery.
When he visited jewelry stores in North Carolina, without any further confirmation or approval from any other person, he would either
(a) make a direct sale on the spot or
(b) consign the jewelry. When the employee took orders, he either shipped the ordered items to the business in North Carolina or personally delivered the merchandise. He also took returns of merchandise from customers. Lang filed suit against Johnson, alleging that Johnson owed Lang $160,322.90 plus interest for jewelry sold or consigned. Johnson asserted as one of its defenses that Lang could not sue in a North Carolina court because Lang had failed to obtain a certificate of authority to transact business in the state. Explain whether the court should dismiss Lang’s action.
Step by Step Answer:
Essentials Of Business Law And The Legal Environment
ISBN: 9781337555180
13th Edition
Authors: Richard A Mann, Barry S Roberts