H. H. Watson Co. v. Alfalfa Growers' Exchange

The appellant was plaintiff in the court below and brought suit against appellee for damages for the alleged breach of a contract. The appellee in due time and form presented his plea of privilege. Appellant filed a controverting affidavit, seeking to sustain the venue of the suit in Dallas county, under subdivision 5, art. 1995, R. S. 1925, prescribing venue in civil cases. The subdivision is the same as subdivision 5 of the previous codification, and authorizes a suit to be maintained in a particular county, if the defendant has contracted in writing to perform an obligation in such county.…