Texas Farm Mortg. Co. v. Starkey (25 S.W.2d 229, 1930)

GALLAGHER, C. J.

This is an appeal by Texas Farm Mortgage Company, a corporation, from a judgment overruling its plea of privilege to be sued on the cause of action asserted herein in Dallas county, where it has its domicile. This suit was filed by appellees H. B. Starkey and J. A. Harper against appellant upon a contractual receipt in writing, dated June 4, 1929, signed by appellant alone, for the sale by it and purchase by appellees of 60 acres of land situated in Hill county, Tex. Said writing acknowledged the receipt of the sum of $250 cash to be applied on the purchase price of said land, and .recited that the remainder of the consideration was to be paid when abstract and deed to said land were delivered to the Texas Bank & Trust Company at Austin. The final sentence in said writing is as follows: “It is agreed that Messrs. Harper and Starkey may take immediate possession of said 60 acres.” Appellees pleaded said writing in h