Saigh v. Anderson Bros. Corp.

CODY, Justice.

This is a plea of privilege case in which the plaintiff sought to retain venue in Harris County against defendant, a resident of Bexar County, under Subdivision 5, R.C.S.' Article 1995, Vernon’s Ann.Civ.St. art. 1995, subd. 5. The court, trying the controversy without a jury, overruled the defendant’s plea. No conclusions of fact or law were requested.

Plaintiff’s suit against the defendant was upon two certain contracts in writing whereby plaintiff had leased certain equipment and machinery to defendant to be used on two certain pipe laying jobs. Plaintiff alleged that the terms…