PITTS, Chief Justice.
This action arose out of a suit filed in Moore County, Texas, by appellant, Frank Powell, a resident of Potter County, Texas, against appellee, A. M. Short, for the collection of an unpaid check in the sum of $271.30, allegedly given to appellant by appellee in payment for merchandise sold to appellee by appellant. Appellant sought recovery for the amount of the check or for the value of the alleged sold merchandise, and has alleged that, although...
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