Talley v. Paul Allison Grain Co.

RENFRO, Justice.

This is a venue case.

Appellee, Paul Allison Grain Company, Inc., sued appellant, Clarence W. Talley, Sr., for damages for failure to deliver 36,-653 bushels of corn.

Appellant filed a plea of privilege to be sued in McLennan County.

Appellee introduced evidence that on July 2, 1962, appellant agreed, in a telephone conversation with one Barker, an independent broker, to sell and deliver to appellee at Fort Worth, Texas, 40,000 bushels of No. 2 yellow corn for $1.19 per bushel. On the same date Barker mailed a written confirmation of the contract to appellant. The written…