Underwood v. Kazmeier Hatchery, Inc.

OPINION

WILSON, Justice.

Defendants’ pleas of privilege were overruled after a non-jury trial. Plaintiff relied solely on Subd. 5 of Vernon’s Ann. Civ.St. Art. 1995. We hold plaintiff established venue facts under that subdivision, and affirm.

The petition and controverting plea alleged that defendants Underwood and Maier, acting as partners under the trade name of Hilltop Egg Farm, purchased from plaintiff chickens listed in an attached exhibit at the agreed price of $12,616.25, which was their market value. It was alleged the “sale and delivery” was evidenced by a “delivery order” attached to…