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H. MOLSEN & CO., INC. v. RAINES

No. 6465.

534 S.W.2d 146 (1975)

H. MOLSEN & CO., INC., Appellant, v. Doyle RAINES et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 28, 1976.

Attorney(s) appearing for the Case

Grady, Johnson, Smith & Blakeley, Thomas A. Blakeley, Jr., Dallas, for appellant.

John L. Shepherd, Seminole, for appellees.

OPINION

WARD, Justice.

This is a venue case. Doyle Raines and R. A. Noret sued H. Molsen & Co., Inc. claiming the defendant breached a cotton crop contract by not paying all that was owed for the cotton which was produced and delivered by the plaintiffs. Plea of privilege asked transfer to Dallas County. The controverting affidavit sought to retain venue in Gaines County under Subdivisions 5 and 23 of 1995, Tex.Rev.Civ.Stat.Ann. After non-jury hearing...

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