Acme Color Art Printing Co., Inc. v. Brown

GUITTARD, Justice.

Our principal question is whether a corporation whose charter has been forfeited for failure to pay franchise taxes and later reinstated on payment of the amount due can maintain a suit commenced before reinstatement. We hold that it can.

Acme Color Art Printing Company, Inc., filed its petition on March 28, 1972, in the form of a sworn account for printed materials alleged to have been sold and delivered to David Brown in February and March, 1970. Defendant Brown responded by a sworn plea in abatement alleging that plaintiff had no right to sue because its corporate charter…