Tatum v. Home Improvement Loan Co.

McDONALD, Chief Justice.

This is a venue case. Parties will be referred to as in the Trial Court. Plaintiff filed suit against defendants on a note in Dallas County, Texas. The defendants filed pleas of privilege to be sued in Cooke County, the county of their residence. The Trial Court overruled defendants pleas of privilege and defendants appeal.

Pertinent portions of the note which was the basis of the suit are:

The sole question here is whether this is a contract in writing to perform an obligation in a particular county, as contemplated by Article 1995, Subdiv. 5, R.C.S., Vernon’s…