Jones v. Tetterton

MASSEY, Chief Justice.

This is an appeal from an order overruling a defendant’s plea of privilege. The question decisive of the matter of venue is whether the plaintiff’s suit is grounded in tort or in contract; i. e., is ex delicto or ex contractu. In the belief that the suit was one which plaintiffs, under their pleadings, were entitled to prosecute as a tort action the trial court entered an order retaining venue.

Judgment reversed. Cause ordered transferred.

Plaintiffs, Al Tetterton, Jr., et al., were owners of realty. Defendant Charles B. Jones was in the “earth moving” business. The…