Legal Opinion

H. Molsen & Co., Inc. v. Harp and Lovelace

Court of Appeals of Texas

Decided November 4, 1974No. 8503PublishedCited by 8 opinions

1Opinion of the Court

REYNOLDS, Justice.

A plea of privilege directed to a suit for declaratory judgment was overruled. Plaintiffs failed to prove their pleaded general venue rule exceptions that there existed a contract performable by, or that a cause of action arose against, the defendant in the county of suit. Reversed and rendered.

Harp and Lovelace, a partnership composed of Elbert E. Harp and Joe Lovelace, and Joe Lovelace individually filed this suit in Hale County where they resided, seeking a declaratory judgment determining the rights of the parties under two cotton crop contracts executed by Lovelace for…

2Cases cited5 opinions

  1. Employers Casualty Company v. ClarkTexas Supreme Court · 1973
  2. McCurdy v. MorganCourt of Appeals of Texas · 1952
  3. Community Inns Franchise, Inc. v. PlummerCourt of Appeals of Texas · 1964
  4. McKenzie Construction Company v. PittmanCourt of Appeals of Texas · 1956
  5. Resendez v. Lyntegar Electric Cooperative, Inc.Court of Appeals of Texas · 1974

3Cited by8 opinions

  1. Bonham State Bank v. BeadleTexas Supreme Court · 1995
  2. Shobe v. LatimerWest Virginia Supreme Court · 1979
  3. Esteve Cotton Co. v. HancockCourt of Appeals of Texas · 1976
  4. Stiba v. Bowers, Texas Court of Appeals, 13th District1988
  5. Billings v. Concordia Heritage Ass'n, Texas Court of Appeals, 8th District (El Paso)1997

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