Hibbler v. Walker

MILLER, Justice.

This is an appeal from an order sustaining appellee’s plea in abatement of a suit in the District Court of Harris County on the grounds of a prior subsisting suit in Bastrop County. We affirm.

Appellant, C. J. Hibbler, purchased the business and certain assets of two wholly-owned corporations from appellee, U. W. Walker, in consideration of $65,000.00 cash plus a promissory note of $185,000.00. The note was payable in 60 monthly installments, the first of which was due on March ,18, 1976. When the November 18, 1978, payment came due Hibbler informed Walker that he did not…