Motor Supply Co. v. General Outdoor Advertising Co.

(after stating the case as above).

The appellant presents for determination the points in view that (1) the evidence fails to show performance by appellee of the contract as agreed upon, and recovery as upon quantum meruit was not sought in the petition; and (2) the appellee sued as a foreign corporation on a contract to be performed in Texas and with alleged performance of its terms in Texas, without alleging that it had a permit to do business in Texas. It is believed in the circumstances the first point should be sustained. By its terms the contract was to continue for “Four (4)” months,…