Mergenthaler Linotype Co. v. Herrmann

HALL, Justice.

This is an appeal from an order overruling a plea of privilege in a suit pending in the District Court of Cooke County, Texas.

Appellee, A. E. Herrmann, a resident of Cooke County, sued appellant, Mergen-thaler Linotype Co., a foreign corporation, for recovery of damages in the sum of $2042.50, alleged to be due appellee from appellant because of its failure to deliver appellee a linotype machine which he contracted to purchase from appellant.

The attorney for appellant filed an ami-cus curiae affidavit informing the court that service of citation was insufficient in that the…