Thompson v. Republic Acceptance Corp.

The opinion by the majority in the Court of Civil Appeals has correctly held that a promissory note payable “in Austin” is a contract in writing that is performable in Travis County, Texas. Republic Acceptance Corporation v. Thompson, 384 S.W.2d 792. The opinion is subject to the interpretation, however, that one who relies upon subdivision 5, Article 1995, Vernon’s Ann.Civ.St., need not introduce into evidence the written document relied upon. The writing relied upon must be proved. The fact that defendant Thompson did not deny execution under oath excused proof of execution, but the terms…