Rode v. Front Range Motorcycles
Respondent Gerry L. Rode's corporation, Bad to the Bone, Inc., owned and operated a motorcycle dealership. It sold four motorcycles to appellant Front Range Motorcycles, Inc. (FRM). FRM accepted delivery of the motorcycles but then refused to pay for them. Bad to the Bone sold the dealership and ceased business operations. Bad to the Bone assigned to Rode all claims arising from the sale of the dealership. Rode filed a complaint for breach of contract against FRM. FRM moved to dismiss the complaint on the ground that Rode lacked standing to sue because Rode's corporation was suspended at the time the assignment was made and the assignment was void ab initio. The court denied the motion finding that the assignment was not void, Rode had standing to sue, and FRM failed to timely assert the defense of lack of capacity to sue. Court affirm.
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