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WESTERN TANK & STEEL CORPORATION v. GANDY

No. 7610

385 S.W.2d 406 (1964)

WESTERN TANK & STEEL CORPORATION, Appellant, v. Johnnie GANDY, Appellee

Court of Civil Appeals of Texas, Texarkana.

December 15, 1964.

Attorney(s) appearing for the Case

Royal Brin, Jr., Robert K. Drummond, Strasburger, Price, Kelton, Miller & Martin, Dallas, Victor Hlavinka, Atchley, Russell, Hutchinson & Waldrop, Texarkana, for appellant.

Woodrow Edwards, Mt. Vernon, for appellee.

FANNING, Justice.

This is a venue case. Johnnie Gandy, a resident of Franklin County, Texas, instituted suit in the District Court of said county seeking damages for loss of part of the cotton crop he might have made in 1963. Western Tank & Steel Corporation, a Texas corporation, and AFCO Flame Cultivator, a foreign corporation, were named as defendants, and the suit is rested alternately upon allegations of breach of contract and negligence in failing to furnish...

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