Cottingham Bearings & Service Inc. v. T. L. Brice Co.

YOUNG, Justice.

This is a venue case; T. L. Brice Company, a corporate resident of Grayson County, having there sued Cottingham Bearings & Service, Inc., a resident of Dallas County for breach of contract and negligence following the purchase of steel belting by appellee from appellant, alleging defective merchandise. The latter duly filed a plea of privilege, opposed by appellee’s controverting affidavit invoking subd. 5, Art. 1995, Vernon’s Ann.Civ.St. By trial amendment the provisions of Exception 9a were added but withdrawn on appeal; ap-pellee relying solely on Subd. 5 to sustain venue in…