Heath v. Gilbreath

OPINION

PRESLAR, Chief Justice.

This is an appeal from an order overruling defendant’s plea of privilege on the basis of a written contract. We reverse on the ground that there was no written contract established for the obligation sought to be enforced.

Appellee, Gilbreath, brought suit against Appellant, Heath, alleging that there was a contract between the parties, a breach of that contract, and requesting either damages or a rescission. In response to Appellant’s plea of privilege, Appellee filed a controverting plea asserting venue under Exceptions 5(a) and 31 of Article 1995, Tex.…