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WILSON'S PHARMACY, INC. v. BEHRENS DRUG COMPANY

No. 5135.

481 S.W.2d 908 (1972)

WILSON'S PHARMACY, INC., et al., Appellants, v. The BEHRENS DRUG COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 22, 1972.

Attorney(s) appearing for the Case

George D. Neal, Houston, for appellants.

Naman, Howell, Smith & Chase, George Chase, Waco, for appellee.

HALL, Justice.

This is a venue case. The plaintiff-appellee, The Behrens Drug Company, brought the suit in McLennan County on a sworn open account for an alleged balance due of $85,247.69, for merchandise sold. The defendants-appellants, Leslie King and James E. Wilson, Jr., each individually and dba San Marcos Drug, and Wilson Pharmacy, Inc., filed pleas of privilege to be sued in Harris County. The plaintiff controverted the pleas of privilege, contending that Subd...

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