El Campo Ice, Light & Water Co. v. Texas MacHinery & Supply Co.

Texas Machinery & Supply Company, appellee, sued the El Campo Ice, Light & Water Company, appellant in the-Sixty-Eighth district court of Dallas county on two written contracts, the first entered into between appellant and Fairbanks, Morse & Co., a foreign corporation, not domiciled in Texas; the second being between appellant and appellee, both Texas corporations. Appellee, in declaring on the first contract, alleged that by its terms Fairbanks, Morse & Co., on January 23, 1908, agreed to furnish and deliver to appellant f. o. b. the cars at Beloit, Wis., one 25 h. p. type gas oil engine,,…