B & C CONSTRUCTION CO. v. GRAIN HANDLING CORP.

No. 8543.

521 S.W.2d 98 (1975)

B & C CONSTRUCTION COMPANY, Appellant, v. GRAIN HANDLING CORPORATION, Appellee.

Court of Civil Appeals of Texas, Amarillo.

March 24, 1975.


Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, J. Orville Smith, Cecil Kuhne, Lubbock, for appellant.

LaFont, Tunnell, Formby, LaFont & Hamilton, Thomas Hamilton, Plainview, for appellee.


REYNOLDS, Justice.

A plea of privilege interposed to the venue selected in a cause of action basically pleaded to arise ex contractu in favor of a third-party beneficiary was overruled. The venue facts pleaded and proved failed to clearly establish an exception to the general venue statute required to maintain venue in the county of suit. Reversed and rendered.

United Steel Building Mfg., Inc., referred to as United, contracted in writing with, and...

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