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TILLEY v. CAPITAL NATIONAL BANK IN AUSTIN

No. 11071.

367 S.W.2d 359 (1963)

Kenneth L. TILLEY et ux., Appellants, v. The CAPITAL NATIONAL BANK IN AUSTIN, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 8, 1963.

Attorney(s) appearing for the Case

Howard M. Wayland, Houston, for appellants.

Clark, Thomas, Harris, Denius & Winters, Conrad P. Werkenthin, Austin, for appellee.

HUGHES, Justice.

This is a venue case in which the sole question presented is whether or not a written contract upon which the suit is based creates an obligation performable in Travis County, under Sub. 5, Art. 1995, Vernon's Ann.Civ.St.

Appellants, Kenneth L. Tilley and wife, Sylvia J. Tilley, residents of Harris County, executed the following contract:

"CONTRACT OF SALE "The undersigned...

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