Texas Seed & Floral Co. v. Schnoutze

(after stating the facts as above), It appeared without dispute in the testimony that the contract between the paAies was made in Dallas county, and it did not appear that performance thereof on appellant’s part was to be in Kaufman county. Therefore, if a cause of action in ap-pellee’s favor arose in Kaufman county, it must have been because appellant breached the contract in that county by delivering cane seed there to appellee instead of broom corn seed. It conclusively appeared from the testimony that the instruction of Spikes (representing appellee) to appellant was to send the seed O.…