Flowers v. Steelcraft Corporation

POPE, Justice.

Plaintiff, L. J. Flowers, doing business as Flowers Tank Company, sued Steelcraft Corporation, a Texas corporation, for labor and personal services performed in the erection of three storage tanks in Granada, Colorado. The trial court sustained defendant’s plea in abatement and dismissed plaintiff’s suit. The plea asserted that defendant was not liable in the capacity in which it was sued because the plaintiff sued Steelcraft Corporation, a Texas corporation, when it should have sued Steelcraft Corporation, a Colorado corporation. The Court of Civil Appeals affirmed the trial…