Holloway v. J. H. Mitchell Cotton Co.

SMITH, Justice.

The appeal is from an order sustaining a plea of privilege in behalf of J. H. Mitchell and G. A. Parr, residents of Jim Wells county and doing business therein under the partnership name of J. H. Mitchell Cotton Company.

The action was brought against appellees by appellant, A. B. Holloway, to recover upon an alleged breach of a contract of appellees to purchase thirty-two bales of cotton from him; appellant asserting that the contract was in writing and performable by appellees in Nueces county, whereby venue was laid in that county by virtue of the fifth exception to the…