Haden Co. v. Johns-Manville Sales Corp.

This is a venue case. Haden Company sued Johns-Manville Sales Corporation in Wichita County, alleging breach of implied warranty of fitness on asbestos panels sold to Haden Company by Johns-Manville. The asbestos panels, which were ordered, paid for, and delivered to Haden Company in Dallas County, proved unsatisfactory after they were installed by Haden Company in a Wichita County hospital. Johns-Manville, an Illinois corporation, filed its plea of privilege to be sued in Dallas County, where its principal office is situated. The trial judge overruled the plea of privilege, relying upon…