Farmers' Seed & Gin Co. v. Brooks

Mr. Judge TAYLOR

delivered the opinion of the Commission of Appeals, Section B.

The questions certified arose upon trial of defendant’s plea of privilege to be sued in the county of its domicile, Lamar County. The suit in which the plea was interposed was filed" by plaintiff in Lamesa, Dawson County. Defendant Gin Company after having sold to plaintiff a car load of cottonseed drew draft upon him bill of lading attached. Plaintiff upon arrival of the car paid the draft and received the seed. He then filed suit alleging the shipment to be impregnated with cocklebur seed, and inferior in quality…