Gulf Energy & Development Corp. v. Davis

DICKENSON, Justice.

At issue is whether venue can be maintained in the “county of contemplated performance” under subdivision 23 or 27 of Tex.Rev.Civ.Stat.Ann. art. 1995 (Vernon 1964).

D. Truitt Davis and Earl Turner, plaintiffs, sued Gulf Energy & Development Corporation, defendant, for $200,000 plus interest and attorney fees allegedly owed under their written agreement. The agreement was not executed in Taylor County, and it did not provide for payment in Taylor County. Although it did not expressly name Taylor County as the place of contemplated performance, there is evidence that all…