Fidelity Securities Co. v. Owens

DUNKLIN, Chief Justice.

Since the contract sued on did not bind defendant to pay commissions in Den-ton county, where the suit was instituted, the absence of such an agreement could not be supplied by proof of an understanding that plaintiff was to perform service for which he sued in Denton county; and therefore plaintiff’s allegations of fact in his controverting affidavit failed to show venue in Den-ton county, under subdivision 5 of article 1995, Rev. Civ. Statutes. Geo. S. Allison & Sons v. Hamic (Tex. Com. App.) 260 S. W. 1037; Burrus v. Griffin (Tex. Civ. App.) 49 S.W.(2d) 902; Robbins…