Williams v. Doering

This appeal is from an order overruling appellant’s plea of privilege to be sued in Midland county, his domicile. Venue was sustained in Dallas county under subdivision 5 of article 1995, Rev. St. 1925, on the ground that appellee’s suit was one for breach of a written contract performable in that county, and the sole question presented is a construction of the contract to determine whether the portion thereof sought to be enforced by this suit is performable in Dallas county.

By the written contract, appellee, trading as Southern Pipe Organ Company, sold appellant a new pipe organ on the…