Zac Smith & Co. v. Otis Elevator Co.

MAUZY, Justice.

Otis Elevator Company, a New Jersey corporation, filed suit in Texas against Advanced Concrete of Texas, a Texas corporation, and Zac Smith & Company, Inc. (Smith), of Florida, for breach of contract in the sale of four elevators to be installed in a hotel in Austin, Texas. Smith filed a special appearance pursuant to TEX.R. CIV.P. 120a (Vernon’s Supp.1987) and asserted lack of in personam jurisdiction. The trial court sustained Smith’s objection to jurisdiction and ordered Smith dismissed from the lawsuit. Otis Elevator appealed the dismissal of Smith from the lawsuit; the…