Kunz Construction Co. v. Debus

OPINION

SHARPE, Justice.

This is a companion case to Kunz Construction Company v. Arnold, 459 S.W.2d 658 (No. 557 in this Court) which we have today decided. In the instant case appel-lee Howard Debus, d/b/a Sunset Brick & Tile Company was plaintiff in the trial court and appellant Kunz Construction Company was defendant. The cases were tried together by agreement of all parties in the district court of Gonzales County, but separate judgments were rendered. Appellant’s plea of privilege was overruled, resulting in this appeal. In the court below appellee relied on Subdivisions 5 and 23, Art.…