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UNDERWOOD v. KAZMEIER HATCHERY, INC.

No. 4733.

435 S.W.2d 258 (1968)

H. B. UNDERWOOD et al., Appellants, v. KAZMEIER HATCHERY, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

September 25, 1968.

Attorney(s) appearing for the Case

Wayne Peveto, Orange, for appellants.

A. W. Davis and James W. Cole, Bryan, for appellee.

OPINION

WILSON, Justice.

Defendants' pleas of privilege were overruled after a non-jury trial. Plaintiff relied solely on Subd. 5 of Vernon's Ann. Civ.St. Art. 1995. We hold plaintiff established venue facts under that subdivision, and affirm.

The petition and controverting plea alleged that defendants Underwood and Maier, acting as partners under the trade name of Hilltop Egg Farm, purchased from plaintiff chickens listed in an attached exhibit...

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