Peden Industries v. Dahlstrom Corp.

STEPHENSON, Justice.

This is an appeal from an order overruling defendant’s plea of privilege. The parties will be referred to here as they were in the trial court.

*877Plaintiff, Dahlstrom Corporation, a Texas corporation, brought this suit in Dallas County against defendant, Peden Industries, Inc., also a Texas corporation. The petition alleged a cause of action for damages for breach of contract as well as for specific performance. Defendant filed its plea of privilege to be sued in Harris County, the county of its domicile. Plaintiff relied solely upon subdivision 23 of article 1995 Vernon’s…