Opinion
No. 2371.
April 14, 1921.
Appeal from Bowie County Court; J. B. Lytal, Judge.
Action by John W. Tidwell against Ben Kelly. From a judgment sustaining defendant's plea of privilege, plaintiff appeals. Affirmed.
Geo. W. Johnson, of New Boston, for appellant.
Lloyd E. Price, of Daingerfield, and Keeney Dalby, of Texarkana, for appellee.
The appellant sued the appellee, a resident of Morris county, in the justice court of Bowie county, to recover $166, the value of 41 1/2 cords of wood. The case is here on appeal from a judgment of the county court of Bowie county sustaining the defendant's plea of privilege.
The judgment is attacked upon the ground that the suit was based upon a contract for services performed in Bowle county, and comes within the exception found in subdivision 4 of article 2308 of the Revised Civil Statutes. We think this suit is upon a contract of sale and purchase. The statute referred to therefore has no application.
The judgment is affirmed.