Bucyrus-Erie Co. v. Smith

HALE, Justice.

This is an appeal from an order overruling two pleas of privilege. Appellees, -T. D. Smith and W. C. Smith as co-partners, instituted the suit in the District Court of McLennan County against one G. W. Hastings and appellants, Bucyrus-Erie Company, a foreign corporation, and its alleged agent E. B. Chambers, seeking (1) to rescind and cancel a written contract of purchase and sale covering a used Bucyrus-Erie dragline and shovel, to recover the amount of money paid to appellants and the value of the property delivered to Hastings under the contract, and in the alternative (2) to…