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REINHART v. W. H. COTHRUM & CO.

No. 2988.

244 S.W.2d 562 (1951)

REINHART v. W. H. COTHRUM & CO.

Court of Civil Appeals of Texas, Waco.

December 20, 1951.

Attorney(s) appearing for the Case

Wynne & Wynne, and William A. McKenzie, all of Dallas, for appellant.

Smithdeal, Lefkowitz & Green, and James R. Townsend, all of Dallas, for appellee.

TIREY, Justice.

This is an appeal from an order overruling a plea of privilege. The first question presented for our decision is whether the action declared upon by appellees is a suit upon or by reason of an obligation performable in Dallas County under the terms of a written contract within the meaning of subdivision 5 of Art. 1995, Vernon's Ann.Civ.Stats., as amended.

The cause was tried without the aid of a...

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