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ACME FINANCE COMPANY v. WEAVER

No. 4455.

401 S.W.2d 259 (1966)

ACME FINANCE COMPANY et al., Appellants, v. H. J. WEAVER et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 31, 1966.

Attorney(s) appearing for the Case

Phillip L. Cyphers, Pasadena, Barnes & Elick, Charles Elick, McAllen, for appellants.

William H. Scott, Jr., Phelps, Kilgarlin & Snell, Jim S. Phelps, Houston, for appellees.

McDONALD, Chief Justice.

This is a venue case. Plaintiff Weaver filed suit in Harris County against defendants Mausoleum Sales Company, Garrett, Weekley, Wagner, Whalen and Acme Finance Company. The suit against Mausoleum Sales was upon a $12,000 installment note payable at Houston, Texas, out of realized profits of Mausoleum Sales (as defined); suit against Garrett was upon his written guaranty to guarantee the repayment of 40% of the note; and against all defendants...

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