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SOUTHWEST BLDG. MATERIALS CO. v. AD AMERICA CO.

No. 5533.

535 S.W.2d 891 (1976)

SOUTHWEST BUILDING MATERIALS COMPANY, INC., Appellant, v. AD AMERICA COMPANY, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

February 19, 1976.

Attorney(s) appearing for the Case

Urban, Coolidge, Pennington & Scott, Michael D. Stewart, Houston, for appellant.

Block & Kyle, Joe E. Kyle, Dallas, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal from an order overruling a plea of privilege, and involves Subdivision 5, Article 1995 VATS.

Plaintiff Ad America sued defendant Southwest Building Materials, in Dallas County, on sworn account for $3652.23 materials sold and delivered to defendant.

Defendant filed its plea of privilege to be sued in Harris County, the County of its residence.

Plaintiff controverted alleging the suit...

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