Marcus v. Armer

This appeal is from an order made by the district court of Travis county, overruling a plea of privilege filed by E. A. Marcus and another to be sued in Burnet county, in which they reside.

The suit was for damages for breach of contract in which appellant Marcus, a resident of Burnet county, is alleged to have obligated himself to sell and deliver 25 tons of cotton seed to appellee, Armer, in Travis county. It was alleged that Armer purchased the seed by sample, which tested “95 1 per cent, germination,” whereas, the seed actually delivered to him tested only “48 per cent, germination.” It…