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SOUTHWESTERN INVESTMENT COMPANY v. SHIPLEY

No. A-10965.

400 S.W.2d 304 (1966)

SOUTHWESTERN INVESTMENT COMPANY, Petitioner, v. B. F. SHIPLEY, Respondent.

Supreme Court of Texas.

March 2, 1966.

Attorney(s) appearing for the Case

Clayton, Kolander, Moser & Templeton, Amarillo, for petitioner.

Huffaker & Green, Tahoka, for respondent.

WALKER, Justice.

On the principal question presented by this appeal, we hold that a written contract explicitly performable in a named city which lies in two or more counties will not support venue in one of those counties under Subdivision 5 of Article 1995. The suit was filed in the 108th District Court of Potter County by Southwestern Investment Company, petitioner, against B. F. Shipley, respondent. Shipley's plea of privilege to be sued in Terry County, where...

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