Burdette v. Cook Industries, Inc.

OPINION

NYE, Chief Justice.

This is a venue case arising out of a written contract between Cook Industries, Inc. and R. C. Burdette, d/b/a R. C. Bur-dette Grain Company, for the purchase of 2,000,000 pounds # 2 Yellow Sorghum at $4.35 per hundred pounds. The plaintiff- Cook alleged that defendant-Burdette refused to deliver the grain to Corpus Christi as the parties contracted. Plaintiff filed suit in Nueces County for $21,000.00 representing the difference between the contract price and the market bid price on September 22, 1975, the last day for defendant’s performance under the contract. The…