Gifford-Hill & Co. v. Hearne Sand & Gravel Co.

HALE, Justice.

This is an appeal from an order overruling a plea of privilege. The paramount question presented for decision is whether the action declared upon by appellees is a suit upon or by reason of an obligation performable in McLennan County under the terms of a written contract within the meaning of Subd. 5, Art. 1995 of Vernon’s Tex. Civ.Stats.

Hearne Sand & Gravel Company and others instituted the suit in the 54th District Court of McLennan County against Gifford-Hill & Company, Inc., for the recovery of $25,000. As grounds of the recovery sought, appellees alleged in substance that…