Hutchinson v. Millers Flying Service, Inc.

DENTON, Chief Justice.

This is an appeal from an order overruling appellant’s plea of privilege to be sued in Lipscomb County, the county of his residence. Appellee, Millers Flying Service, brought suit in the County Court of Hale County against Ralph Hutchinson to recover on a sworn account and in the alternative on a cause of action of fraud based on the misrepresentation of appellant that he would pay for the airplane radio when it was installed. Plaintiff’s controverting affidavit asserted venue in Hale County under Subdivision 7 of Article 1995, Vernon’s Ann.Civ.St., the exception…