Cunningham v. Portwood

OPINION

RENFRO, Justice.

This is a venue case.

Plaintiff sued defendants for damages in the sum of $17,822.16 for alleged conversion of 8,028 bushels of wheat.

Harry Portwood was plaintiff. Eddie Cunningham, of Harris County, Orville and Larry Cunningham, of Taylor County, were defendants. They were sued individually and as partners, doing business as Cunningham Brothers in Archer County, Texas.

Plea of privilege was filed by Eddie Cunningham, of Harris County.

The plea was controverted by plaintiff, who invoked Exception 9 of the general venue statute.

The trial court overruled defendant’s plea,…