EL T. MEXICAN RESTAURANTS, INC. v. BACON

No. 01-92-00605-CV.

921 S.W.2d 247 (1995)

EL T. MEXICAN RESTAURANTS, INC., Appellant, v. J. Roland BACON, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled March 28, 1996.


Attorney(s) appearing for the Case

Rosalie M. Lopez, Houston, for appellant.

Steve E. Couch, Houston, for appellee.

Before DUGGAN, ANDELL and HUTSON-DUNN, JJ.


OPINION

ANDELL, Justice.

In this case we must decide whether the sole shareholder of an existing corporation that has had its charter forfeited for failure to pay franchise taxes, but that has not been dissolved, can become a successor in interest to the corporation, such that the shareholder may bring suit personally and recover individually on the corporation's cause of action. We hold that he may not.

This is a suit on an oral agreement. Appellant...

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