T. S. Burtis v. Butler Brothers

Butler Bros. as plaintiff sued Burtis as defendant in the 116th Judicial District Court of Dallas County, Texas, upon an open account amounting to more than $500.00 for goods sold and delivered. Burtis filed his plea of privilege to be sued in Madison County, Texas, the place where he resides. Butler Bros. filed its controverting affidavit seeking to hold venue in Dallas County, Texas, by virtue of certain financial statements -- hereinafter set out in more detail -- signed by Burtis as a basis for credit, and relying on which it was alleged the goods were sold and delivered. The parties stipulated as follows: