Browne v. Heid Bros., Inc.

This is an appeal from an order overruling appellant’s plea of privilege to be sued in Collin county, where he resides.

The averments of the petition, in brief, are to the following effect:

On July 3, 1926, defendant agreed in writing to sell plaintiff 20 cars of oats to be delivered in El Paso county at 33½ cents per bushel. The ears were shipped, but upon arrival at destination defendant refused to authorize delivery upon payment of the contract price and demanded payment at rate of 34½. cents per bushel, which plaintiff refused to pay, but later did pay said latter price and obtained the…