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SHEFFIELD v. KIRSCHMER

No. 14843.

269 S.W.2d 942 (1954)

SHEFFIELD v. KIRSCHMER et al.

Court of Civil Appeals of Texas, Dallas.

June 25, 1954.

Attorney(s) appearing for the Case

Sam McCollum III, Brady, Dan Gibbs, Dallas, Lattimore and Lattimore, Fort Worth, for appellant.

Bowyer, Gray, Thomas, Crozier & Harris, Dallas, for appellees.

YOUNG, Justice.

This is a venue case, ancillary to a suit by A. G. Kirschmer and Frank Hofues against B. R. Sheffield for rescission of an agreement and recovery of indebtedness allegedly owed by such defendant. On hearing, the plea of Sheffield to be sued in county of his residence—McCulloch—was overruled, with seasonable appeal; the controverting affidavit relying on exception 5, an agreement in writing to be performed in Dallas County, and exception...

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