Early-Foster Co. v. A. P. Moore's Sons, Inc.
Court of Appeals of Texas
Appeal from District Court, Smith County; J. R. Warren, Judge. Suit by A. P. Moore’s Sons, Incorporated, against Early-Foster Company. From a judgment denying defendant’s plea of privilege to be sued in another county, defendant appeals. The appellee, a private corporation, sued the appellant, a private corporation, in the district court of Smith county, for damages for the breach of an alleged contract of purchase and sale of a car of sugar.
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Appeal from District Court, Smith County; J. R. Warren, Judge. Suit by A. P. Moore’s Sons, Incorporated, against Early-Foster Company. From a judgment denying defendant’s plea of privilege to be sued in another county, defendant appeals. The appellee, a private corporation, sued the appellant, a private corporation, in the district court of Smith county, for damages for the breach of an alleged contract of purchase and sale of a car of sugar. The principal office and domicile of appellee is at Tyler, in Smith county, and the principal office and domicile of appellant is, and at all times has…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] The appellee relies upon section 24 of article 1830, R. S., to sustain the right to bring the suit in Smith county, claiming that the contract in suit was finally made in Smith county by acceptance of its terms at Tyler by appellee. The section authorizes suits to be brought against private corporations, as is appellant, “in any county in which the cause of action, or a part thereof, arose.” The term “cause of action” used in this section, as contraed,, consists of the contract and its breach, and the right and the injury thereto. Ry. Co. v. Hill, 63…
2Cases cited2 opinions
- Houston & T. C. R'y Co. v. HillTexas Supreme Court · 1885
- Dallas Waste Mills v. Early-Foster Co.Court of Appeals of Texas · 1919
3Cited by24 opinions
- Admiral Motor Hotel of Texas, Inc. v. Community Inns of America, Inc.Court of Appeals of Texas · 1965
- Standard Oil Co. v. LyonsCourt of Appeals for the Eighth Circuit · 1942
- Gleason v. Southwestern Sugar & Molasses Co.Court of Appeals of Texas · 1948
- Delhi Gas Pipeline Corporation v. AllgoodCourt of Appeals of Texas · 1973
- Lipschutz v. Gordon Jewelry CorporationDistrict Court, S.D. Texas · 1974
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