(Download) "Jack H. Brown & Company v. Northwest Sign Company" by First District, Houston Court of Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Jack H. Brown & Company v. Northwest Sign Company
- Author : First District, Houston Court of Appeals of Texas
- Release Date : January 29, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The question on this appeal is whether the present suit is barred by a prior default judgment and the compulsory counterclaim rule embodies in rule 97(a) of the Texas Rules of Civil Procedure. The present suit was brought by Signgraphics," an assumed name of Jack H. Brown & Company, Inc., a Texas corporation, against Northwest Sign Company, an Idaho corporation, for the price of steel pipe furnished for the erection of a Holiday Inn sign in Idaho. Northwest filed a special appearance challenging the personal jurisdiction of the Texas court. Northwest also filed a motion for summary judgment asserting that Signgraphicss claim in the present suit is barred by the failure of Signgraphics to present it as a counterclaim in an Idaho suit by Northwest against Signgraphics on a contract for erection of the sign. Although the trial court overruled Northwests special appearance, it awarded a summary judgment to Northwest based upon the compulsory counterclaim rule and also upon the ground of res judicata. Since we agree that the compulsory counterclaim rule applies, we affirm the summary judgment without reaching the res judicata question. Also, we do not reach Northwests cross-point complaining of the courts overruling its special appearance because it is presented only in the alternative.
 "Jack H. Brown & Company v. Northwest Sign Company" by First District, Houston Court of Appeals of Texas " eBook PDF Kindle ePub Free){kind=link}