Tilley v. Capital National Bank in Austin

HUGHES, Justice.

This is a venue case in which the sole question presented is whether or not a written contract upon which the suit is based creates an obligation performable in Travis County, under Sub. 5, Art. 1995, Vernon’s Ann.Civ.St.

Appellants, Kenneth L. Tilley and wife, Sylvia J. Tilley, residents of Harris County, executed the following contract:

“CONTRACT OF SALE

“The undersigned Kenneth L. Tilley, hereinafter called Purchaser, purchases from Family Freeze, Inc., hereinafter called Seller, of the City of Houston, County of Harris, State of Texas, subject to the terms and conditions…