Nelson v. Retco Manufacturing, Inc.

REYNOLDS, Justice.

In this venue contest, the trial court overruled the plea of privilege. The determinative inquiry is whether, and we hold that, the sale-purchase invoices fixing the place of payment were an integral part of the sale-purchase agreement. Affirmed.

Appellant Dan Nelson, a resident of Dimmitt, in Castro County, is engaged in irrigation repairs under the business name of Nelson Drilling. For several years past he has ordered by telephone items for irrigation repairs from appellee RETCO Manufacturing, Inc., a corporation domiciled in Lubbock, in Lubbock County. The ordered items,…