LUNA v. IOWA-MO ENTERPRISES, INC.

No. 11223.

597 S.W.2d 278 (1980)

Charles O. LUNA, Larry A. Gardner, James A. Thomas, Plaintiffs-Respondents, v. IOWA-MO ENTERPRISES, INC., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Four.

March 31, 1980.


Attorney(s) appearing for the Case

William T. Kirsch, Kimberling City, for plaintiffs-respondents, Larry A. Gardner and James A. Thomas.

No appearance for plaintiff-respondent, Charles O. Luna.

Kim W. Reeves, Mann, Walter, Burkart, Weathers & Walter, Springfield, Kenneth R. Babbit, Galena, for defendant-appellant.


GREENE, Judge.

On August 31, 1976, plaintiffs sued defendant, a foreign corporation, for default in payments due them on a $20,000 promissory note made payable to them and executed by defendant. Defendant counterclaimed for money damages for alleged breach of contract. The trial court sustained a motion to dismiss the counterclaim for the reason that defendant's certificate of authority to do business in Missouri had been forfeited by order of the secretary of state...

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