Goldfarb v. Glazer's Wholesale Drug Co.

DIXON, Chief Justice.'

On motion ¡ for rehearing our opinion heretofore delivered in this case is withdrawn and the following is substituted therefor.

This is a plea of privilege case. Appellee as plaintiff filed suit in Dallas County on sworn account for $3,004.38 against appellant for merchandise alleged to have been *462sold and delivered to appellant in San. Antonio, Tjexas, from appellee’s San Antonio branch and warehouse in December 1953 and January 1954.

In its controverting' affidavit appellee seeks to retain venue in Dallas County under Section 5 of Article 1995, V.A.C.S., basing its claim…