Dillingham v. Associated Employers Lloyds

McDONALD, Chief Justice.

The appeal is from an order overruling the pleas of privilege of the two defendants, who are appellants here, to be sued in the county of their .residence. The plain tiff, appellee here, sought to maintain venue in the county where suit was brought under the fifth subdivision of Article 1995, R.C.S., as amended, Vernon’s Ann.Civ. St. art. 1995, subd. 5, on the theory that the suit was based on a contract in writing performable in said county.

It is the 'Contention of appellants that appellee neither pleaded nor proved that appellants executed or accepted the contract in…