Malloy v. Pleasants

Mr. Judge BISHOP

delivered the opinion of the Commission of Appeals Section A.

Leo Malloy seeks by writ of mandamus to require the justices of the Court of Civil Appeals of the First Supreme Judicial District to certify to the Supreme Court the question as to whether the suit by appellee in the ease of Malloy v. Industrial Cotton Oil Properties, 238 S. W., 984, is based upon a contract in writing obligating him to deliver Cottonseed in Harris County, so as to fix the venue of the suit in said county, under sub-division 5 of Article 1830, Revised Civil Statutes. He alleges that the Court of…