Smith v. Hunt Tool Co.

WILSON, Justice.

This appeal is from an order overruling appellants’ pleas of privilege. Plaintiff sued on a verified open account, alleging work performed for, and sale and delivery of merchandise to, defendants on their order. The controverting plea asserted venue under subdivisions 5 and 29a of Art. 1995, Vernon’s Ann.Tex.Stats.

To establish a contract in writing to perform an obligation in Harris County under subsection 5, plaintiff introduced unsigned shop bills on which were printed, “it is specifically recognized and agreed that all accounts and all amounts charged for the above are…