Roberts Corporation v. Austin Company

BARRON, Justice.

This is a suit against a foreign corporation to recover damages for breach of a construction subcontract. The defendant, The Roberts Corporation, was served with citation by service on the Secretary of State of Texas in attempted compliance with Vernon’s Tex.Rev.Civ.Stat.Ann. art. 2031b, sec. 3 (1959). That statute provides in pertinent part as follows:

“Any foreign corporation . . . that engages in business in this State, irrespective of any Statute or law respecting designation or maintenance of resident agents, and does not maintain a, place of regular business in this State…