Kornell v. Montgomery

FANNING, Justice.

A venue case. Plaintiff-appellee brought suit in the District Court of Gregg County, Texas, against defendant-appellant, to. recover liquidated damages for breach of a written contract of purchase and sale of real estate. Defendant-appellant filed ag[ plea of privilege to be sued in Red River County, Texas, the county of his residence. Plaintiff-appellee duly controverted the plea, relying upon Subsection 5 of Art. 1995, Tex.Rev.Civ.Stat.Ann., to maintain venue in Gregg County, Texas. The trial court, after hearing the evidence adduced, overruled the plea and…