Lufkin Foundry & MacHine Company v. Mixon

STEPHENSON, Justice.

This is a venue case. Both defendants filed pleas of privilege, which were sustained. The parties will be referred to here as they were in the trial court.

Plaintiff, Lufkin Foundry & Machine Company, brought this suit, in Angelina County, against defendant, Gene Mixon, individually and d/b/a Roundup Elevator Company, and defendant, Roundup Elevators, Inc. The suit is founded upon a sworn account for goods and wares sold and labor performed by plaintiff to and for defendant at Lubbock, Texas. Gene Mixon filed his plea of privilege to be sued in Lamb County, Texas, the…