DocketNumber: No. 2979.
Citation Numbers: 267 S.W. 1044
Judges: LEVY, J. (after stating the facts as above).
Filed Date: 11/20/1924
Status: Precedential
Modified Date: 1/13/2023
It is clear, as urged by appellant, that the contract between the parties was made in El Paso, the place where the acceptance of the offer was given by appellant. But the seller was bound by a special agreement connected with the sale of guaranty of weights "within 2 per cent." at "destination" of the shipment, which was Tyler. In view of this covenant the case is controlled as to venue by the cases of Scott Mayhall v. Lobbock Grain Coal Co.,