Schoellkope Co. v. Daves

LOONEY, Justice.

The Schoellkopf Company, a corporation, sued B. I-I. Daves, a resident of Kaufman county, to recover the value of goods, wares, and merchandise sold and delivered. 'Defendant filed a plea of privilege to be sued in the county of his residence, which was not controverted, but in a supplemental petition, plaintiff urged exceptions, general and special, to the plea; these being overruled, the plea was sustained and venue changed, from which plaintiff appealed.

Plaintiff contends that, having alleged a contract in writing promising performance in Dallas county, defendant’s formal…