Tidwell v. Kelly

Court of Appeals of Texas

Tidwell v. Kelly

230 S.W. 470, 1921 Tex. App. LEXIS 202

Court of Appeals of Texas·Decided April 14, 1921·No. No. 2371.·Published

Opinion

HODGES, J.

The appellant sued the ap-pellee, a resident of Morris county, in the justice court of B-owie county, to recover $166, the value of 41% 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 *471 that the suit was based upon a contract for services performed in Bowie county, and comes within the exception found in subdivision 4 of article 2308 of the Revised Civil Statutes. We think the evidence justified the conclusion that this suit is upon a contract of sale and purchase. The statute referred to therefore has no application.

The judgment is affirmed.

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HODGES, J.

The appellant sued the ap-pellee, a resident of Morris county, in the justice court of B-owie county, to recover $166, the value of 41% 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 *471 that the suit was based upon a contract for services performed in Bowie county, and comes within the exception found in subdivision 4 of article 2308 of the Revised Civil Statutes. We think the evidence justified the conclusion that this suit is upon a contract of sale and purchase. The statute referred to therefore has no application.

The judgment is affirmed.

Tidwell v. Kelly, 230 S.W. 470, 1921 Tex. App. LEXIS 202 (Tex. Ct. App. 1921).

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