FIELDS v. PAYNE

No. 10813.

342 S.W.2d 363 (1961)

Allen FIELDS, d/b/a Houston Lumber and Salvage Company, Appellant, v. O. L. PAYNE, d/b/a Payne Brick Company, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 1, 1961.


Attorney(s) appearing for the Case

Gerald S. Gordon, Houston, for appellant.

Norman, Rounsaville & Hassell, Rusk, for appellee.


ARCHER, Chief Justice.

This is an appeal from an order overruling a plea of privilege and a default judgment against appellant for the sum sued for by plaintiff, appellee.

The facts are not in dispute. O. L. Payne, doing business as Payne Brick Company, a resident of Bastrop County, Texas, sued the appellant, Allen Fields, doing business as Houston Lumber and Salvage Company, alleging that:

"That on September 19, 1957, as shown by the itemized verified...

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