Adi_Hadzic_Case_Briefs_Chapter_34.doc

Adi_Hadzic_Case_Briefs_Chapter_34.doc - Case name: HAROLD...

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Case name: HAROLD LANG JEWELERS, INC v. JOHNSON, Court of Appeals of North Carolina. 2003, page 701 Facts: Harold Lang Jewelers, Inc. filed suit alleging that Johnson owed it $160,322.90 plus interest for jewelry sold or consigned. Johnson answered asserting as one of its eight affirmative 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. Procedural History: The District court granted the motion and dismissed Lang’s action. Lang now appeals. Issue(s): If Lang was transacting business in the state of North Carolina? Holding: The trial court concluded that Lang’s business activity in North Carolina was regular, continuous and substantial such that it was transacting business in the state. Reasoning: The court found that Lang’s employee came to North Carolina at least twice every six weeks during the year and at least twice every four weeks during the summer months for the purpose of transacting business. Sometimes he came to North Carolina as often as three times a month. When he visited jewelry stores in the state he would either 1) make a direct sale on the spot without any confirmation from any person or entity in any other place 2) consign the jewelry, also without any further confirmation or approval from any other person or entity anywhere Disposition: The decision of the trial court is affirmed.
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Adi_Hadzic_Case_Briefs_Chapter_34.doc - Case name: HAROLD...

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