Calloway v. Booe Collier
Court of Appeals of Texas
Appeal from District 'Court, Van Zandt • County; R. M. Smith, Judge. Suit by Booe & Collier against L. D. Cal-loway. Judgment for plaintiffs, and defendant appeals. The suit is by appellees, Booe & Collier, buyers, against appellant, the seller, to rescind the contract of sale of cattle upon the alleged ground that the sale was procured by false and fraudulent representations of the seller.
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Appeal from District 'Court, Van Zandt • County; R. M. Smith, Judge. Suit by Booe & Collier against L. D. Cal-loway. Judgment for plaintiffs, and defendant appeals. The suit is by appellees, Booe & Collier, buyers, against appellant, the seller, to rescind the contract of sale of cattle upon the alleged ground that the sale was procured by false and fraudulent representations of the seller. The defendant filed a plea of privilege to be sued in Wood county, the county of his residence, and answered averring that a written contract of sale, which was set out, was executed and delivered to and…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1,2] If the sale was procured by false and fraudulent representations of the seller, as alleged and as found by the jury, then the venue of the suit was properly in Van Zandt county where such alleged fraud was shown by the evidence to have been committed. Article 1830, subd. 7, Vernon’s Sayles’ Statutes; Howe Grain & Mercantile Co. v. Galt, 32 Tex. Civ. App. 193, 73 S. W. 828; Day v. Steverson, 145 S. W. 1062; Trust Co. v. Cowart, 173 S. W. 588. The appellant’s assignments of error in this respect are overruled.
[3] If the suit had been on the contract of…
2Cases cited4 opinions
- Luckenbach v. ThomasCourt of Appeals of Texas · 1914
- Howe Grain & Mercantile Co. v. GaltCourt of Appeals of Texas · 1903
- Continental Trust Co. v. CowartCourt of Appeals of Texas · 1915
- Day v. SteversonCourt of Appeals of Texas · 1912
3Cited by3 opinions
- Harper v. Lott Town & Improvement Co.Texas Commission of Appeals · 1921
- Southern Exposition Management Co. v. University Auto Sales, Inc.Supreme Court of Alabama · 1998
- Woolridge v. DibrellCourt of Appeals of Texas · 1931