Harold Lang Jewelers, Inc. (Lang), a Florida corporation, through its single employee, had sold and consigned merchandise

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Harold Lang Jewelers, Inc. (Lang), 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 the State, he would either
(a) Make a direct sale on the spot without any confirmation from any other person or
(b) Consign the jewelry, also without any further confirmation or approval from any other person. 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 in the State. Lang filed suit against, 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.
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Smith and Robersons Business Law

ISBN: 978-1337094757

17th edition

Authors: Richard A. Mann, Barry S. Roberts

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