Bryan Tractor & Implement Co. v. Pagel

HUGHES, Justice.

This is a venue case in which Bryan Tractor and Implement Company appeals from an order overruling its plea of privilege to be sued in Brazos County where it resided.

Appellee is Ed O. Pagel who sued appellant for damages alleged to have been sustained in the purchase and use, by appellee, of a cotton picking machine sold by appellant.

To sustain venue in Milam County appel-lee relies upon Subd. 7, art. 1995, Vernon’s Ann.Civ.St. which provides that in all cases of fraud suit may be brought in the county where the fraud was committed.

Appellant contends that the evidence is…