Land O'Pines Dairy Products v. McGraw

DIES, Chief Justice.

Plaintiff below brought suit in Hardin County alleging that Land 0’Pines Dairy Products, defendant below, owed him commissions for the sale of defendant’s products. Defendant filed a plea of privilege to be sued in Angelina County, which the trial court overruled, and from which defendant perfects this appeal.

Plaintiff was hired in Lufkin, Angelina County, as a route salesman to sell dairy products for the defendant. The contract was oral. The dairy products were trucked from Lufkin to Silsbee (Hardin County) where plaintiff would transfer them to his truck. The…