Duncan Coffee Co. v. Haynes

129 S.W.2d 1163, 1939 Tex. App. LEXIS 1180

Opinion

HIGGINS, Justice

(after stating the case as above).

The propositions submitted in the appellant’s brief in substance are that plaintiff failed to establish a prima facie cause of action against the defendant and there is a fatal variance between the contract of employment pleaded and that proved. These propositions present no ground for reversal for it was shown, and the Court found, the defendant to be a Texas corporation with a representative or local agent in Lamar County. This finding fixed the venue as being properly laid in said county under Art. 1995, Sect. 23, R.S. Texas-Louisiana Power Co. v. Wells 121 Tex. 397, 48 S.W.2d 978, 981; De Shong Motor Freight Lines v. North Texas Coach Co. (Tex.Civ.App.) 108 S.W.2d 766.

Affirmed.