CHANEY v. WESTERN BUILDERS SUPPLY COMPANY

No. 16572.

383 S.W.2d 638 (1964)

C. B. CHANEY et al., Appellants, v. WESTERN BUILDERS SUPPLY COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

October 23, 1964.


Attorney(s) appearing for the Case

Whiteside & Baker, and Lon Baker, Fort Worth, for appellants.

Kerr, Day & Cook, and Taylor Gandy, Fort Worth, for appellee.


MASSEY, Chief Justice.

The question posed on the appeal is whether, within the provisions of the venue statute, Vernon's Ann.Civ.St.Tex. Art. 1995, "Venue", subsection 5, "Contract in writing", a plaintiff is entitled to maintain venue in the county of suit when such right is contested by the defendant's plea of privilege.

A part of the cause of action sued upon was for damages for breach of contract to return leased property to the plaintiff as contracted...

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