Burnett v. Cory Corporation

WILLIAMS, Justice.

This is a summary judgment case. On May 28th, 1959, Cory Corporation, “d/b/a Mitchell Manufacturing Company, a Corporation” instituted this action against Byron Burnett, d/b/a Texas Improvement Company, in the nature of a suit on verified account. Attached to the original petition were various invoices directed to Texas Improvement Company from “Mitchell Manufacturing Company, division of Cory Corporation.” Thereafter, on June 27th, 1959, Byron Burnett filed his unsworn answer in which he moved to dismiss the case on the grounds that Cory Corporation is a separate…