BOETTCHER v. PINEY WOODS TRACTOR & IMPLEMENTS

No. 8670.

622 S.W.2d 612 (1981)

Joe C. BOETTCHER, Jr. Ind. and d/b/a Boettcher Land & Timber Company, Appellant, v. PINEY WOODS TRACTOR AND IMPLEMENTS, INC., Appellee.

Court of Appeals of Texas, Beaumont.

September 24, 1981.


Attorney(s) appearing for the Case

Kenneth H. Keeling, Huntsville, for appellant.

Kelly L. Newman, Lufkin, for appellee.


KEITH, Justice.

In this venue appeal the sole question presented is which subsection—(a) or (b) —of Tex. Rev. Civ. Stat. Ann. Art. 1995, Subdiv. 5 (Supp. 1980-1981), controls venue of the suit.

Defendant purchased two skidders and two grapples from plaintiff for use in the harvest of timber, the transaction being financed by a bank in Lufkin. Upon defendant's default, plaintiff paid the bank and foreclosed its lien upon the...

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