Hightower Petroleum Corp. v. Story
| Decision Date | 26 January 1951 |
| Docket Number | No. 15210,15210 |
| Citation | 236 S.W.2d 679 |
| Parties | HIGHTOWER PETROLEUM CORP. v. STORY. |
| Court | Texas Court of Appeals |
V. K. Wedgworth, Mineral Wells, for appellant.
E. F. Fruechte, Wichita Falls, for appellee.
This suit was brought by Jack L. Story, appellee, against Hightower Petroleum Corporation, appellant, and others, alleging that under the terms of a written contract the appellee drilled a certain oil well for appellant, Hightower Petroleum Corporation, in Jack County, for the contract price of $22,000, which was paid to him by appellant; that in addition various items of added work and materials had been performed and furnished, to which the plaintiff had agreed orally, the principal item being a charge for approximately five thousand feet of 5 1/2 inch seamless casing at the agreed price of $2.50 per foot, or a total of $12,120.83.
The appellant in its answer admitted that the appellee was to furnish the 5 1/2 inch casing, but alleges that the agreement contemplated new casing, whereas in fact the kind furnished by appellee was 'reconversion' casing and of a market value of only $1 per foot. In addition the appellant filed its cross action alleging that if said well had been allowed to clean itself out properly, it would have been a valuable producer but that the appellee negligently and fraudulently choked off the flow of said oil before it had time to clean out the well and thus caused it to become so choked that it would not flow; and prayed for damages on his cross action against appellee in the sum of $25,000.
It being made to appear to the trial court by the pleading of appellant that it was a foreign corporation without a permit to do business in Texas, the court on proper motion dismissed its cross action without prejudice.
The case was tried to a jury on special issues, all of which were answered favorably to appellee and the court thereupon rendered judgment in favor of appellee against appellant in the amount prayed for, with foreclosure of a mechanic's lien.
Appellant complains first of the trial court's action in dismissing its cross action, because it was a foreign corporation and had no permit to do business in Texas. This assignment is overruled. A foreign corporation without a permit to do business in Texas cannot maintain any suit or action, either legal or equitable in any court of this State upon any demand, which arose in whole or in part within the...
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Kutka v. Temporaries, Inc.
...It does, however, preclude the granting of any affirmative relief on TI's counterclaim. See Hightower Petroleum Corp. v. Story, 236 S.W.2d 679 (Tex.Civ.App. — Fort Worth 1951, writ ref'd). The determination of whether the character of the business and the nature of the transaction involved ......
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Burley Newspapers, Inc. v. Mist Pub. Co.
...where the statute was similar to I.C. § 30-504, is a decision of a Texas intermediate appellate court, Hightower Petroleum Corp. v. Story, 236 S.W.2d 679 (Ct.Civ.App. Texas 1951). In that case the plaintiff sued and the noncomplying corporation counterclaimed on a theory in tort. The court ......
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Bozzuto's Inc. v. Frank Kantrowitz & Sons, Inc.
...held to prohibit, by its 'plain wording,' even a counterclaim (there denominated a 'cross action'). Hightower Petroleum Corp. v. Story, 236 S.W.2d 679 (Tex.Ct.Civ.App., The simple fact is the law requires a foreign corporation to procure a certificate of authority before it may lawfully tra......