Troyan v. Snelling & Snelling, Inc.

GUITTARD, Justice.

In this suit by a franchiser against a former licensee to enforce a covenant against competition, the franchiser’s right to sue was challenged on the ground that it was a foreign corporation doing business in Texas without a certificate of authority issued by the Secretary of State. The licensee also defended on the ground that the suit was barred by laches. The judge allowed the trial to proceed before a jury, but after verdict he declined to render judgment for plaintiff unless a certificate of authority was produced within thirty days. Plaintiff produced the certificate…