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Cummer Mfg. Co. v. Lilly

Court of Civil Appeals of Texas, San Antonio
Apr 17, 1918
204 S.W. 1010 (Tex. Civ. App. 1918)

Opinion

No. 6013.

April 17, 1918.

Appeal from District Court, Frio County; Covey C. Thomas, Judge.

Suit by E. A. Lilly against the Cummer Manufacturing Company. From an order overruling its plea of privilege to be sued in another county, defendant appeals. Affirmed.

John D. Hartman, of San Antonio, for appellant. C. A. Davies, of San Antonio, and Frank H. Sweet, of Brownwood, for appellee.


This is a suit instituted by appellee to recover damages of appellant for failure to deliver 10,000 onion crates contracted by it to be delivered in Frio county. Appellant pleaded its privilege to be sued in Lamar county, Tex. The plea was overruled, and this appeal is from that order.

This case is similar to that of Cummer Manufacturing Company v. Kellam Bros., 203 S.W. 463, this day decided by this court, and every point in this case is decided in that case. It is not contended in this case, however, as in that, that changes were made in the contract between appellee and the agents by appellant. In the testimony it was admitted by appellant that it ratified the contract made between appellee and the agents without change. The authority of the agents to make the contract in Frio county was admitted. The cause of action arose in Frio county. The venue was in Frio county. Rev.St. art. 1830, subsec. 24. The evidence as to loss by appellee would not have prejudiced the cause of appellant.

The judgment is affirmed.


Summaries of

Cummer Mfg. Co. v. Lilly

Court of Civil Appeals of Texas, San Antonio
Apr 17, 1918
204 S.W. 1010 (Tex. Civ. App. 1918)
Case details for

Cummer Mfg. Co. v. Lilly

Case Details

Full title:CUMMER MFG. CO. v. LILLY

Court:Court of Civil Appeals of Texas, San Antonio

Date published: Apr 17, 1918

Citations

204 S.W. 1010 (Tex. Civ. App. 1918)