Harkness v. Employers National Insurance Company

In this case the Court of Civil Appeals has reversed a trial court judgment overruling a plea of privilege. We have jurisdiction because of conflict with Traders & General Ins. Co. v. Williams, 166 S.W.2d 158 (Tex.Civ.App.1942, writ ref’d w.o.m.), in the holding of the intermediate court here that Subdivision 5 of Vernon’s Ann. Civ.St. art. 1995, is not invoked unless the contract in writing expressly names the county of performance or a definite place therein. 497 S.W.2d 645. We approve this holding.

The application for writ of error is refused, no reversible error.