Ryan Mortgage Investors v. Berton Land Development Corp.

With respect, I dissent. The trial court had before him probative evidence that Berton entered into the deed of trust with Ryan only on the assurance by Ryan that it *365would and could finance the development of the some 1500 acres on Lake Conroe; that at that time it knew it could not and would not carry this out; to Berton’s damage. The representation was made in Montgomery County. Under these circumstances venue was properly laid in Montgomery County under Tex.Rev.Civ.Stat. art. 1995 § 7 (1964). See “Survey of Texas Law for the Year 1948”, 3 Sw.L.J. 386 (1949); McDonald v. Peebles, 267 S.W.2d…