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SHERMAN FOUNDRY v. MECHANICS, INC.

No. 5393.

517 S.W.2d 319 (1974)

SHERMAN FOUNDRY, Appellant, v. MECHANICS, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 19, 1974.

Attorney(s) appearing for the Case

Kennedy & Minshew, Sherman, for appellant.

McGown, Godfrey, Decker, McMackin, Shipman & McClane, Richard L. Bourland, Fort Worth, for appellee.

HALL, Justice.

Sherman Foundry brought this suit in Grayson County against Mechanics, Inc., on a verfied open account for a balance of $4,823.77 allegedly due for merchandise sold by Foundry to Mechanics. Mechanics filed a plea of privilege to be sued in Tarrant County, the county of its residence. Foundry controverted the plea of privilege, contending that Mechanics "contracted in writing" to pay the account in Grayson County, and that, accordingly, venue was permissible...

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