Ero Industries, Inc. v. Be-In Buttons Co. of Houston

BELL, Chief Justice.

Appeal from a judgment sustaining ap-pellees’ plea in abatement and dismissing the suit. The basis of the court’s action was that appellant was a foreign corporation and had no permit to do business in Texas.

Appellant’s suit was on a sworn account. The petition does not affirmatively show that appellant is a foreign corporation or that it has an office in this State or that it transacts business here or that the subject matter of the suit was an intrastate transaction. The account consists of two invoices, one dated 3/6/69 and the other 3/14/69. They show “Terms F. O. B.…