Drake manufacturing company vs polyflow incorporated

Running head: DRAKE MANUFACTURING COMPANY VS POLYFLOW INCORPORATED
DRAKE MANUFACTURING COMPANY VS POLYFLOW INCORPORATED
Student Name
Institution
Date
2
DRAKE MANUFACTURING COMPANY VS POLYFLOW INCORPORATED
Case
Drake Manufacturing Co. v Polyflow Inc. Superior Ct of Penn. 109A.3d 250 (2015)
Facts of the case`
The parties in the lawsuit here were Drake Manufacturing company and Polyflow
incorporated Superior. The case presented was by Drake manufacturing company following a
breach of contract terms by Polyflow incorporated. In the year 2007 drake manufacturing
company had entered into a contact with Polyflow which demanded the selling of couplings to
Polyflow. These couplings were ideal products designed by Polyflex with the primary use of
termination in polyflex thermoflex fitting. The contracts terms were that Drake ships its products
to it’s plant in Pennsylvania and then to Polyflow. Seventy-five bills from Drake manufacturing
company were recorded from august 2008 to April 2009 other bills recorded showed the
shipping of portable swinging equipment to Polyflow. At different times Polyflow would request
Drake manufacturing company to ship the equipment to farther destinations.
Issues
Issues raised by Polyflow on its appeal were that the court of law committed an abuse of
its discretion terms when it acted in favor of Drake and nevertheless acted unfairly in dismissing
the claims made by Drake manufacturing company where evidence demonstrated that Drake was
classified as a foreign business company and had no authority in operating in Pennsylvania.
The next issue presented was that the court of law had failed to verify the legitimacy of the
documents present in the motion of appeal. These documents showed that Drake was not
licensed to operate in Pennsylvania as of such Drake’s response was unverified.
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DRAKE MANUFACTURING COMPANY VS POLYFLOW INCORPORATED
The court could have committed an error in its judgment when it fell short in determining the
statute of limitations that could have prevented Drake manufacturing company from obtaining
judgement in the case presented.
The next issue raised was that the court of law could have committed an error in law in its
determination on whether Drake manufacturing company was not supposed to be responsive to
Polyflow incorporated answer about allegations of Drake not being a licensed company
operating in Pennsylvania. Failure to address this was an acknowledgement to the fact that Drake
manufacturing company was not a registered corporation in Pennsylvania.
Decisions
Polyflow had preserved its appeal in the lawsuit due to Drake manufacturing’s lack of
capacity sue. Decisions made in this lawsuit included options such as the court of law should
have granted judgment for Polyflow incorporated post trial motion this was due to Drake
manufacturing’s failure in the presentation of certificate of authority as requested by the verdict.
Rationale
As a preliminary objection defendant can raise the lack of the capacity to sue Polyflow
raised this issue in its answer to the complaint. In rule 1028 there is emphasis that the lack of
capacity to sue is treated differently from other issues. Such issues such as jurisdiction raised in
the lawsuit are never waived. The two issues were thus treated differently due to both omission
from the preliminary objections and the answer given to the complaint.
Separate opinions
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DRAKE MANUFACTURING COMPANY VS POLYFLOW INCORPORATED
Opinions are there to whether Polyflow incorporated was entitled to judgement n.o.v
since Drake manufacturing company had failed to present a certificate of authority. The movant
was entitled to judgement since the subject of law and evidence were enough to act reasonably in
favor of the movant.
Analysis
The court of law had thus made an error in failing to grant Polyflow the motion for judgement
n.o.v. After three weeks of the verdict Drake manufacturing company had already acquired its
jurisdiction license and presented it to the court. The legitimacy of this act was thus questioned
as the court used the certificate to deny Polyflow post-trial motions.

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