Legal Opinion

Daniel Bros. v. West Texas Equipment Co.

Court of Appeals of Texas

Decided January 31, 1979No. 8951PublishedCited by 1 opinion

1Opinion of the Court

ROBINSON, Chief Justice.

Plaintiff West Texas Equipment Company sued on a sworn account for the reasonable value of parts and labor for the repair of defendant Daniel Brothers’ farm irrigation motor in Ochiltree County. Defendant appeals from an order overruling its plea of privilege to be sued in Ochiltree County, the county of the partners’ residence. Plaintiff seeks to maintain venue in Potter County under subdivision 5(a) of article 1995, Tex. Rev.Civ.Stat.Ann. (Vernon Supp. 1978-1979). Reversed and remanded.

Subdivision 5(a) of article 1995 provides:

5. Contract in writing. — (a) Subject to…

2Cases cited6 opinions

  1. Harrison v. Facade, Inc.Court of Appeals of Texas · 1962
  2. West Flour Mill, Inc. v. VanceCourt of Appeals of Texas · 1968
  3. Sherman Foundry v. Mechanics, Inc.Court of Appeals of Texas · 1974
  4. Lufkin Foundry & MacHine Company v. MixonCourt of Appeals of Texas · 1969
  5. N. K. Parrish, Inc. v. NavarCourt of Appeals of Texas · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Realpage, Inc. v. EPS, Inc.District Court, E.D. Texas · 2007

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