White Motor Co. v. Mizell

POPE, Justice.

This is a venue case under Article 1995, § 5, Vernon’s Ann.Tex.Stats. Upon findings of a jury, the trial court granted defendant’s plea of privilege to be sued in Liberty County. Plaintiff, The White Motor Company, sued Leonard Mizell, d/b/a Mizell Construction Company and Truck Line, in Dallas County for the recovery of installments due under two written lease agreements. Defendant, Mizell, urged and proved that the lease agreements expressly provided that payments should be made in Houston, Harris County, Texas, but were altered by the plaintiff without his knowledge or…