[Download] "Jeter-Millar Company v. Kasch Bros." by Eastland No. 4449 The Eleventh Court of Civil Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Jeter-Millar Company v. Kasch Bros.
• Author : Eastland No. 4449 The Eleventh Court of Civil Appeals
• Release Date : January 09, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

This is a venue case. Appellee, Kasch Bros., Inc., the general contractor, filed suit in Howard County against appellant, Jeter-Millar Company, Inc., a subcontractor. Appellant filed a plea of privilege asking that the cause be transferred to Dallas County, its place of residence. Appellee filed a controverting plea seeking to retain venue in Howard County under Subdivision 5 of Article 1995, V.A.C.S. The trial court overruled appellant's plea of privilege. The parties entered into a written contract which required appellant to install a cork floor, in accordance with certain plans and specifications, in the gymnasium at Angelina College, Lufkin, Angelina County, Texas. Under the contract appellee agreed to pay appellant a fixed sum in consideration for the work to be performed. Appellee alleged in its petition that as a result of certain negligent acts of appellant the floor was not installed in a workmanlike manner as required by the contract and that Angelina College had withheld payment of $16,000.00 to appellee and was demanding that the floor installed by appellant be removed and a new floor installed. Appellee prayed that it recover from appellant such withheld sum plus $585.00 which was incurred by appellee in making certain temporary repairs to the floor. Appellant contends there is no evidence that the obligation sued upon was performable in Howard County by appellant.

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