Levy v. Lamar Savings Leasing Corp.

KEITH, Justice.

Defendant below appeals from an order overruling his plea of privilege to be sued in Harris County. We affirm.

Plaintiff brought suit upon a written equipment lease wherein the primary obli-gor on the 'lease was “David J. Levy, D.O. and Associates”, described in plaintiff’s petition as an association, and the instrument was signed by David J. Levy “Owner”. It was also signed by Levy “As an Individual”.

Plaintiff’s controverting affidavit relied upon Tex.Rev.Civ.Stat.Ann. art. 1995, subdiv. 5 (Supp.1978-79). The venue facts under such subdivision are those stated in Brazos Valley…