Smith Grain Co. v. H. H. Watson Co.

FLY,. C. J.

Appellee, a private corporation, sought a recovery against Ben F. Smith, doing business under the name of Smith Grain Company, of damages in the sum of $400, alleged to be due by reason of a failure to ship to it at Dallas five cars of “average bright, slightly stained maize heads, sound and dry at $26 per ton,” from Plain-view, Tex.

This is an appeal from an interlocutory order overruling a plea of privilege filed by appellant that the cause be transferred to Hale county, Tex., where appellant resides. Ap- pellee filed a controverting affidavit to the effect that the suit was…