Landa v. F. S. Ainsa Co.
Court of Appeals of Texas
(Appeal from District Court, El Paso County; Ballard Coldwell, Judge. Action by the E. S. Ainsa Company, Incorporated, against Harry Landa and others. From an order overruling plea of privilege filed by defendants to be sued in the county of their residence, they appeal.
1Opinion of the CourtHiggins, J.
This is an appeal from an order overruling a plea of privilege filed by appellants to be sued in Comal county where they reside. There were several defendants who were partners and engaged in business at New Braunfels in said county, under, the firm name of Jos. Landa. The material facts are undisputed and are as follows:
The parties entered into and signed a memorandum of the sale of certain flour, the material portions whereof read:
“Joseph Landa, New Braunfels, Texas sell(s), and F. S. Ainsa Co. buy(s), the following commodities, on the terms and conditions stated herein:
Time of shipment,…
2Cases cited7 opinions
- Middlebrook & Brother v. David Bradley Manufacturing Co.Texas Supreme Court · 1894
- Seley & Early v. WilliamsCourt of Appeals of Texas · 1899
- Callender, Holder & Co. v. ShortCourt of Appeals of Texas · 1904
- Cecil v. FoxCourt of Appeals of Texas · 1919
- Bell County Brick Co. v. R. L. Cox & Co.Court of Appeals of Texas · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Scott & Mayhall v. Lubbock Grain & Coal Co.Texas Supreme Court · 1923
- Shafer v. BrashearCourt of Appeals of Texas · 1925
- Browning-Ferris MacH. Co. v. ThomsonCourt of Appeals of Texas · 1932
- Wolcott v. HallCourt of Appeals of Texas · 1937
- Alderdice v. Great Southern Life Ins. Co.Court of Appeals of Texas · 1931
9 more not listed; retrieve them via the Exa API.