KNOX-EVANS CONST. CO. v. HAWS & GARRETT GEN. CON., INC.

No. 16144.

503 S.W.2d 669 (1973)

KNOX-EVANS CONSTRUCTION COMPANY, Appellant, v. HAWS & GARRETT GENERAL CONTRACTORS, INC., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied November 29, 1973.


Attorney(s) appearing for the Case

Malone, Murphy & Fenley, W. R. Malone, Huntsville, for appellant.

Shannon, Gracey, Ratliff & Miller, Vic Anderson, Jr., Fort Worth, for appellee.


PEDEN, Justice.

Venue matter. Plaintiff appeals from the granting of defendant's plea of privilege to be sued in Tarrant County. Plaintiff relied on Subdivision 23 of the venue statute.

Appellant's only point of error is that the trial court erred in sustaining the plea of privilege of the corporate appellee because the appellant proved by a preponderance of the evidence a cause of action in quantum merit and for breach of a contract which was to be performed...

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