Cummer Mfg. Co. v. Kellam Bros.
Court of Appeals of Texas
Appeal from District Court, Frio County; Covey C. Thomas, Judge. Action by Kellam Bros, against the Cum-mer Manufacturing Company. From an adverse judgment, defendant appeals.
1Opinion of the CourtFby, C. J.
This is a suit instituted by ap-pellees to recover of appellant damages resulting from the breach of a contract to furnish crates in which appellees desired to ship their onion crop. Appellant filed a plea of privilege to be sued in Lamar county, Tex., to which appellees answered that the contract was to be performed in Frio county, and, further, that appellant is a private corporation and can be sued in any county in which a contract is made by itself or its agents, and that the contract in question was made in Pearsall, Frio county, Tex. The court overruled the plea of privilege.
The…
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- Phillio v. BlytheTexas Supreme Court · 1854
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