Woods v. Interstate Realty Co.,
337 U.S. 535 (1949)

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U.S. Supreme Court

Woods v. Interstate Realty Co., 337 U.S. 535 (1949)

Woods v. Interstate Realty Co.

No. 465

Argued March 30-31, 1949

Decided June 20, 1949

337 U.S. 535


In an action brought by a foreign corporation in a Federal District Court solely on rounds of diversity of citizenship to recover a broker's commission for the sale of real estate in the State, defendant moved for summary judgment on the ground that plaintiff had not qualified to do business in the State under a state statute which the Court of Appeals construed as not making the contract void, but only unenforceable, in the state courts.

Held: the motion for summary judgment was properly granted. Erie R. Co. v. Tompkins, 304 U. S. 64. Pp. 337 U. S. 535-538.

170 F.2d 694 reversed.

Having jurisdiction solely on grounds of diversity of citizenship, a Federal District Court granted a defendant's motion for summary judgment in a suit to recover a broker's commission, on the ground that the plaintiff, a foreign corporation, had not qualified to do business in the State as required by state law. The Court of Appeals reversed, 168 F.2d 701, granted rehearing, 170 F.2d 74, and reaffirmed its reversal, 170 F.2d 694. This Court granted certiorari. 336 U.S. 909. Reversed, p. 337 U. S. 538.

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