LeFors v. Finkner

McKAY, Justice.

This is a plea of privilege case under Section 5 of Article 1995, V.A.T.S. 1 Appellant LeFors and appellee Finkner entered into a cattle sale contract in writing whereby LeFors was to sell and Finkner was to buy about 375 head of steers at $26 per hundred weight. The steers were on LeFors ranch in Scurry County. Fink-ner had a feed lot west of Petersburg, Texas, in Hale County, to which cattle were to be taken and there weighed.

Finkner brought suit for return of $3600 he alleged he paid LeFors as part of purchase price, and also for damages for breach of contract for failure to…