Hill v. Vetter

McNULTY, Judge.

This is an interlocutory appeal from an order denying appellant’s motion to dismiss on his plea of privilege as to venue.

Appellee Vetter, plaintiff below, sued on an oral contract for the sale of a truck alleging that appellant Hill defaulted in the payment therefor. Suit was brought in Lee County, the present residence of the plaintiff; and the theory of venue relied upon was, and is, that the contract was breached in Lee County.1 In this regard, plaintiff urges the general rule that payment under a contract must be made at the place of residence of the payee (in this case Lee…