Taylor & Martin, Inc. v. Hiland Dairy, Inc.

TITUS, Judge.

In this action plaintiff, Taylor and Martin, Inc., seeks to recover the purchase price of a refrigerated semi-trailer unit sold to defendant, Hiland Dairy, Inc., at an auction conducted by plaintiff in 1976 near Dallas, Texas. Questions for our consideration on appeal include (1) whether plain tiff, a Nebraska corporation not registered to do business in Missouri, can maintain this action; (2) whether plaintiffs failure to comply with the Texas Certificate of Title Act rendered the sale void ab initio for all purposes, including passage of the risk of loss; and (3) whether the…