Court of Appeals of Texas April 11, 1925, No. 9344. (St. Louis S. W. Ry. Co. v. Davy Burnt Clay Ballast Co.)

lead-opinion

Under the view we take of this case, it is only necessary to discuss one of the many assignments of error on which this appeal is prosecuted, to wit: "Where plaintiff, a foreign corporation, doing business in Texas under contracts made and performed in Texas, sued upon such contracts, it must both allege and prove that it has a permit to do business in Texas, and failure to do so is