Burrus Mills, Inc. v. Hein

WILLIAMS, Justice.

This is a venue action involving Subdivision 5, Art. 1995, Vernon’s Ann.Civ. St. Burrus Mills, Inc., a wholesale feed processor and distributor, brought this suit in Dallas County, Texas against Otto W. Hein, also known as Pete Hein, a resident of Burleson County, Texas, upon a sworn account for the purchase price of merchandise furnished, as evidenced by statements and invoices attached to plaintiff’s petition. 1 In due time appellee filed his plea of privilege to be sued in Burleson County. Appellant filed its controverting plea based upon the exception contained in…