Cox v. Herrick Co. Steel Products

MURRAY, Chief Justice.

This is an appeal from an order sustaining the plea of privilege of The Herrick Company Steel Products, a corporation, and H. C. Iierrick, J r., and moving the cause to the District Court of Midland County, Texas.

Appellant, R. E. Cox, d/b/a Frio-La Salle Milling Company, filed his controverting affidavit setting up Subdivisions 5, 23 and 29a of Art. 1995, Vernon’s Ann.Civ.Stats. Appellant contends that Subd. 5, supra, applies here because appellees had contracted in writing to construct a steel building, suitable for grain storage, in the town of Dilley, Frio County,…