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GRIMES v. PURE MILK & ICE CREAM COMPANY

No. 5484.

527 S.W.2d 508 (1975)

Carl GRIMES d/b/a Ponderosa Restaurant, Appellant, v. PURE MILK & ICE CREAM COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 25, 1975.

Attorney(s) appearing for the Case

Barron & Barron, John M. Barron, Jr., Bryan, for appellant.

Haley, Fulbright, Winniford, Bice & Davis, Paul D. Marable, III, Waco, for appellee.

HALL, Justice.

This is a venue case. The suit was brought in McLennan County on a verified open account for an alleged balance due for merchandise sold to the defendant by the plaintiff. The defendant filed his plea of privilege to be sued in Brazos County, the county of his residence. The plaintiff controverted the plea of privilege on the ground that Subd. 5 of Article 1995, Vernon's Ann.Civ.St. permits venue in the county of suit. After a hearing without a jury...

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