Back v. Radio City Distributing Co.

DIXON, Chief Justice.

This is primarily an appeal from an order overruling, a plea of privilege, though it also involves a judgment on the merits.

Radio City Distributing Company, a corporation, appellee, sued appellant Back in Dallas County on a verified account for $566.81 for merchandise allegedly delivered to appellant at his place of business in Waco, McLennan County, Texas. Attached to appellee’s petition were copies of four invoices containing this provision: “All bills payable at our office in Dallas, Texas.”

Appellant filed a plea of privilege seeking to transfer the case to McLennan…