Legal Opinion

Gilmore v. Transit Grain & Commission Co.

Court of Appeals of Texas

Decided June 2, 1944No. 14629PublishedCited by 6 opinions

1Opinion of the Court

McDONALD, Chief Justice.

Transit Grain & Commission Company, as plaintiff, sited Thomas S. Gilmore, Sr. and Thomas S. Gilmore, Jr., in Tarrant County to recover damages for breach of a contract of defendants to sell and deliver five car loads of grain to plaintiff. Defendants, residents of Live Oak County, filed their pleas of privilege to be sued in the county of their residence. Plaintiff controverted on the ground that the suit was based on a contract in writing which bound defendants to perform in Tarrant County. Art. 1995, Section 5, as amended, Vernon’s Texas Civil Statutes.

Without the…

2Cases cited4 opinions

  1. Gottlieb v. DismukesCourt of Appeals of Texas · 1921
  2. Pittman Harrison Co v. B. F. Robey CoCourt of Appeals of Texas · 1921
  3. Stevens-Smith Grain Co. v. Heid Bros., Inc.Court of Appeals of Texas · 1929
  4. Universal Mills v. LasseterCourt of Appeals of Texas · 1935

3Cited by6 opinions

  1. Hill v. ConnorsCourt of Appeals of Texas · 1949
  2. Johns-Manville Sales Corp. v. Haden Co., Inc.Court of Appeals of Texas · 1976
  3. N. K. Parrish, Inc. v. NavarCourt of Appeals of Texas · 1977
  4. Cuellar v. FloresCourt of Appeals of Texas · 1951
  5. Goldfarb v. Glazer's Wholesale Drug Co.Court of Appeals of Texas · 1954

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