Asa S. Agar, Inc. v. Texas Underwriters

SLATTON, Justice.

This suit was instituted by Asa S. Agar, Inc., against Texas Underwriters in the District Court of Cameron County, to recover upon a bond given by Piowaty Bros, of Texas, Inc., as a condition precedent to doing business in Texas, as required by Arts. 118b and 1287 — 2, R.C.S. 1925, as amended, Vernon’s Ann.Civ.St. arts. 118b, 1287 — 2.

According to the trial pleadings Asa S. Agar, Inc., sold and delivered to Piowaty Bros, of Texas, Inc., certain goods, wares and merchandise, as shown by an open account exhibited to said pleadings. Said vendee had agreed to pay the sum charged,…