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NELSON v. RETCO MANUFACTURING, INC.

No. 8340.

491 S.W.2d 492 (1973)

Dan NELSON, Individually and dba Nelson Drilling, Appellant, v. RETCO MANUFACTURING, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

February 20, 1973.

Attorney(s) appearing for the Case

Burkett & Ross, Jimmy L. Ross, Dimmitt, for appellant.

John E. Vickers, Lubbock, for appellee.

REYNOLDS, Justice.

In this venue contest, the trial court overruled the plea of privilege. The determinative inquiry is whether, and we hold that, the sale-purchase invoices fixing the place of payment were an intergral part of the sale-purchase agreement. Affirmed.

Appellant Dan Nelson, a resident of Dimmitt, in Castro County, is engaged in irrigation repairs under the business name of Nelson Drilling. For several years past he has ordered by telephone items...

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