Reports of Cases Determined in the Supreme Court of the State of California (156)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...into the business of buying and selling property for the purpose of advancing the pecuniary profit of the corporators, is, in all essential particulars, similar in character to the corporations described in section 593 of the Civil Code, which are authorized to be formed for any purpose, where pecuniary profit is not their object. Id.--Transacting Business Within Stated--Conditions Imposed By Constitution.--The phrase to transact business, as used in section 15 of Article XII of the constitution, providing that no foreign corporation shall be allowed to transact business within this state on more favorable conditions than are prescribed by law to similar corporations organized under the laws of this state, is equivalent to the words to do business. Id.--Doino Of Single Act--Exercise Of Incidental Power.--Even if such a foreign corporation may come within the purview of that provision of the constitution by the doing of a single act, such act must be one of the ordinary business of the corporation, and not an act done in the exercise of a power merely incidental to the main purposes of its incorporation. Id.--Single Sale Of Land--Authorization Of Court Unnecessary.--The single sale by such foreign corporation of land in this state is not the transaction of business by it, within the meaning of such provision of the constitution, and it is, therefore, not essential to the validity of such sale, that an application for leave to make it had been made to or granted by the superior court, in accordance with the requirements of section 598 of the Civil Code applicable to domestic corporations. APPEAL from an order of the Superior Court of Sacramento County refusing a new trial. J. W. Hughes, Judge. The facts are stat...