Drexler v. Bryan Building Products Company

WILSON, Justice.

Appellant’s plea of privilege in appellee’s action for debt was overruled after a non-jury hearing. Appellee’s controverting plea asserted venue in the county of suit under subdivision 5, Art. 1995, Vernon’s Ann.Tex. Stats., alleging appellant had contracted in writing to pay in that county for merchandise furnished. Appellant pleaded non est factum in its plea of privilege.

The gist of appellant’s points is (1) that since the parties had originally entered into a written purchase and sale contract, appellee was precluded from showing a subsequent and additional written…