Kiser v. Lemco Industries, Inc.

ROBINSON, Justice.

This is a venue case growing out of a written contract between Nathan Kiser, seller, and Lemco Industries, Inc., as buyer, for the purchase of 1,000,000 pounds of grain at $2.50 per hundred, F.O.B. Level-land, Texas. Plaintiff Lemco alleges by its petition that defendant Kiser failed and refused to deliver the grain contracted for to plaintiff. Plaintiff filed suit in the district court of Hockley County, Texas, for $20,000 representing the difference between the contract price and the price which plaintiff was required to pay for 1,000,000 pounds of grain at the time…