Jeter-Millar Company v. Kasch Bros., Inc.

McCLOUD, Chief Justice.

This is a venue case. Appellee, Kasch Bros., Inc., the general contractor, filed suit in Howard County against appellant, Jeter-Millar Company, Inc., a subcontractor. Appellant filed a plea of privilege asking that the cause be transferred to Dallas County, its place of residence. Ap- pellee filed a controverting plea seeking to retain venue in Howard County under Subdivision 5 of Article 1995, Vernon’s Ann.Civ.St. The trial court overruled appellant’s plea of privilege.

The parties entered into a written contract which required appellant to install a cork floor, in…