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WALKER v. SMITH

No. 5744.

552 S.W.2d 639 (1977)

Glen WALKER, Appellant, v. Larry G. SMITH, Individually and d/b/a Larry G. Smith Construction Machinery, Appellee.

Court of Civil Appeals of Texas, Waco.

June 9, 1977.

Attorney(s) appearing for the Case

Robert W. Gage, Teague, for appellant.

Maurice Campbell and Fred Horner, Dunnam, Dunnam & Dunnam, Waco, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Walker from an order overruling his plea of privilege to be sued in Freestone County, the county of his residence.

Plaintiff Smith sued defendant Walker in McLennan County on an alleged contract for the purchase of a Terex Loader by defendant from plaintiff for $12,500. plus 5% sales tax of $625. Plaintiff alleged defendant paid for said loader with a check, dated June 30, 1976 drawn...

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