Johnston v. Personius

POPE, Justice.

Appellee, C. G. Personius, sued F. A. Johnston, Jr., and F. A. Johnston, Sr., in the County Court of Nueces County, for an alleged breach of a written contract to deliver to appellee a pre-fabricated house, and appellants have appealed from an order overruling their pleas of privilege to be sued in Harris County where they reside. Appellee’s controverting affidavit to the pleas of privilege stated that appel-lee, Personius, sought recovery of damages for breach of the contract, and, in the alternative, sought a refund of the amount appellee advanced on his contract. Appellee in…