Texas American Oil Corp. v. Theo H. Blue Drilling, Inc.

I respectfully dissent and would affirm the judgment of the trial Court overruling the plea of privilege.

The majority has applied to this case the rule that venue cannot be fixed by implication under Subdivision 5. The writer is of the opinion that venue is fixed in this cause by the terms of the contract in writing. “By implication” is a broad, catch-all phrase, and innumerable cases can be cited upholding it where the facts do not in anywise comport with those of this case. This case meets the rule that the obligation sued on was the particular obligation the Defendant agreed to perform.…