Green Pastures Water Co. v. Zent

As noted correctly in the majority opinion, “ ‘venue under subdivision 5, cannot be fixed by implication.’ ” That has been the uniform holding of our court since Saigh v. Monteith, 147 Tex. 341, 215 S.W.2d 610, 611 (1948), following the 1935 statutory amendment to Subdivision 5.1 Indeed, the holding in Maynard Hill, Inc. v. Smith, 534 S.W.2d 733, 736 (Tex.Civ.App.—Waco 1976, no writ), cited by the majority, enunciates clearly the correct rule that venue cannot be fixed by implication.

The contract which Zent sought to enforce did not obligate defendant to sell anything to Zent at any specified…