Geiser Manufacturing Co. v. Gray

SPEER, Associate Justice.

This suit was instituted by the Geiser Manufacturing Company and was to recover upon a promissory note executed by H. A. Gray, the defendant in the action. The defendant interposed a special exception to the sufficiency of the plaintiff’s petition challenging the plaintiff’s right to institute and maintain this suit without an allegation in its petition that it had complied with article 745, Sayles’ Texas Civil Statutes, regulating the right of a foreign corporation to do business in this State. The trial court sustained this exception, and the plaintiff declining to…