Real Estate-Land Title & Trust Co. v. Dildy

Appellant, as assignee of Jagoe (Jagoe Construction Company, a foreign corporation), sued appellee upon certain paving certificates, issued by the city of Brownwood to Jagoe in consideration of street paving which Jagoe had done under contract with the city. Appellee had also executed mechanics' liens to secure the certificates. The trial court sustained a plea in abatement, predicated upon the forfeiture of Jagoe's permit to do business in Texas by reason of failure to pay its franchise tax, and dismissed the case.

The controlling facts, which are undisputed, follow:

Jagoe's permit to do…