Sheffield v. Kirschmer

YOUNG, Justice.

This is a venue case, ancillary to a suit by A. G. Kirschmer and Frank Hofues against B. R. Sheffield for rescission of an agreement and recovery of indebtedness allegedly owed by such defendant. On hearing, the plea of Sheffield to be sued in county of his residence — McCulloch—was ■overruled, with seasonable appeal; the controverting affidavit relying on exception 5, an agreement in writing to be performed ■in Dallas County, and exception 7, alleging fraudulent representations made in Dallas ■County. Appellees may be. referred to herein as Kirschmer.,

Relevant to the issues…