Hermer v. Monnig Dry Goods Co.

DATTIMORE, Justice.

This is an appeal from an order 'by the Tarrant county court at law overruling appellant’s plea of privilege to be sued in Dallas eounty, Tex.

By its controverting affidavit appellee alleged that appellant had signed a written financial statement which contained an agreement that purchases made from appellee, Monnig Dry Goods Company, are at their option payable at Fort Worth, Tarrant county, Tex., and that appellee “sold the goods at prices which are sued for” on the faith of said written promise.

On the trial no evidence was offered that any goods were sold or any debt…