De Garza v. Magnolia Petroleum Co.

This is an appeal by Paula V. De Garza and others from an order sustaining the plea of privilege of Magnolia Petroleum Company to be sued in Jim Hogg county rather than in Webb county.

The issue is as to whether the suit is one for the recovery of damages to land or for the recovery of damages for breach of contract.

In a former suit between the same parties, No. 9947, Paula V. De Garza et al. v. Magnolia Petroleum Company, in the district court of Webb county, there was entered on March 24, 1931, an agreed judgment, which recited the terms of the compromise agreement and which provided that…