John Deere Company of Kansas City v. Tenberg

In concurring in the disposition of this cause, I can but repeat the old adage known *45to all lawyers, “bad facts make bad law.” We have an abbreviated record arising out of a venue hearing where the only witness was a young man who had purchased a tractor while a minor, a few years before the hearing. Testifying frequently in answer to leading questions of his counsel, Tenberg established that he bought the tractor from Hajek, a “John Deere dealer” in Lavaca County, paying cash therefor. His testimony was clear that the tractor did not perform satisfactorily despite the efforts of Hajek to…