Wallace v. Wolfson

AKIN, Justice.

Wolfson sued C.E. and Dolly Wallace in Dallas County to recover unpaid rents allegedly due under a lease of real property located in Morris County. The Wallaces filed a plea of privilege to be sued in Morris County, their domicile. Wolfson controverted on the basis of the former venue statute, TEX.REV.CIV.STAT.ANN. art. 1995, § 5(a) (Vernon Supp.1983).1 The Wallaces contend that the trial court erred in overruling their plea because section 5(b) applies, rather than 5(a). We disagree and, accordingly, affirm.

Wolfson, as lessor, and the Wallac-es, as lessees, entered into a lease…