Banks v. Merritt

MOORE, Justice.

This is an appeal from an order overruling a plea of privilege. Appellant, Gordon Banks, a resident of Lamar County, Texas, sold appellee, Ben Merritt, a resident of Wood County, a Charoláis bull. Appellee instituted suit against appellant in Wood County seeking to recover the purchase price of the Charoláis bull alleging a breach of warranty and also seeking damages for fraud.

Appellant filed a plea of privilege to be sued in Lamar County, the county of his residence. While appellee alleged in his controverting affidavit that venue was properly laid in Wood County under various…