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BEALL v. HARDWICKE-ETTER COMPANY

No. 4956.

460 S.W.2d 516 (1970)

J. H. BEALL, d/b/a Beall Gin, Appellants, v. HARDWICKE-ETTER COMPANY, Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 8, 1970.

Attorney(s) appearing for the Case

Bradbury, Tippen & Cross, Abilene, for appellants.

Gillespie & Gillespie, Sherman, for appellees.

OPINION

HALL, Justice.

This is a venue case. The plaintiff, Hardwicke-Etter Company, brought the suit in Grayson County, Texas, where it maintains its home office, alleging that defendant was indebted to it for the balance owing on a contract for the construction of a cotton gin. The defendant filed his plea of privilege to be sued in Coleman County, the county of his residence. The plaintiff controverted the plea of privilege, contending that Subd. 5, of...

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