Humble Oil & Refining Co. v. Monroe

BOND, Chief Justice.

This is an appeal from an order overruling defendant’s plea of privilege to be sued in Ward County, pursuant to Subd. 14, Article 1995, R.S., providing: “Suits for the recovery of lands or damages thereto * * * must be brought in the county in which the land, or a part thereof, may lie”.

Construing plaintiffs’ petition, the primary, dominant and ultimate purpose of the suit is to recover upon a contract attached to plaintiffs’ petition: First, that, by the terms of the contract, the defendant unconditionally agreed to pay plaintiffs $13,000, out of 7/32nds of the first oil…