Stratton v. Lebus

HIGGINS, Justice.

Appellee brought this suit against the .•appellant, Stratton, to recover $352.76 alleged to be due upon open account. It was .alleged a portion of the sum sued for was for the rental of certain tools rented by the .plaintiff to the defendant and the balance was the purchase price of certain tools sold .and delivered to the defendant. Stratton filed plea of privilege, claiming his right to be sued in McLennan County, where he resided. Controverting affidavit was filed by the plaintiff setting up that defendant, .acting through his authorized agents, had .agreed in writing to…