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WARD v. FAIRWAY OIL & GAS COMPANY

No. 7472.

364 S.W.2d 452 (1963)

Travis WARD, Appellant, v. FAIRWAY OIL & GAS COMPANY, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied February 5, 1963.

Attorney(s) appearing for the Case

Moore & Holland, Athens, for appellant.

Wilson, Miller, Spivey & Steger, Spruiell, Lowry, Potter, Lasater & Guinn, Tyler, for appellee.

FANNING, Justice.

This is a venue case. Appellee sued appellant in a District Court in Smith County, Texas, on a sworn account based upon a written contract performable in Smith County, Texas. Appellant filed a statutory plea of privilege to be sued in the county of his residence, Henderson County, Texas. Appellee timely filed its controverting plea alleging venue in Smith County under Subdivision 5 of Article 1995, V.A. C.S. The trial court overruled the plea of...

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