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MAGNESS v. HERIDER

No. 125.

392 S.W.2d 383 (1965)

Samuel H. MAGNESS, d/b/a Magness & Son Poultry Processors, Appellant. v. E. L. HERIDER, Appellee.

Court of Civil Appeals of Texas, Tyler.

June 24, 1965.

Attorney(s) appearing for the Case

W. S. Barron, Bryan, Wardlow Lane, Center, for appellant.

Henry L. Scott, Trotter, Childs, Fortenbach & McClure, Houston, Robert Fairchild, Fairchild & Hunt (on appeal only), Center, for appellee.

SELLERS, Justice.

This is an appeal from an order of the District Court of Shelby County overruling the defendant's Plea of Privilege to be sued in the county of his residence.

E. L. Herider, as plaintiff, brought this suit in the District Court of Shelby County against the defendant, Samuel H. Magness, doing business as Magness & Son Poultry Processors, to recover upon a written contract for poultry grown by plaintiff in Shelby County, Texas, and delivered...

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