Fagg v. Benners

This appeal is prosecuted from an order overruling a plea of privilege. Appellee, W. H. Benners, Jr., instituted this suit against appellant, W. W. Fagg, in the district court of Dallas county. He alleged that appellant was a transient person, and at that time could be found in said county. Appellee, for cause of action, alleged that appellant had theretofore sold to him and another, by written contract, a certain machine known as an Eze Freeze Freezer, of a particular kind and make, with the exclusive right to use and operate the same in the city of Dallas. He further alleged that he had…