Reinhart v. W. H. Cothrum Co.

TIREY, Justice.

This is an appeal from an order overruling a plea of privilege. The first question presented for our decision is whether the action declared upon by appellees is a suit upon or by reason of an obligation performable in Dallas County under the terms of a written contract within the meaning of subdivision 5 of Art. 1995, Vernon’s Ann.Civ.Stats., as amended.

*563The cause was tried without the aid of a jury and there was no request for findings of fact and conclusions of law and none filed.

Appellant’s Point 1 is substantially that since the contract on which the suit was based was…