Kennell-Cross & Co. v. Cooper-Kolter Co.

GRAVES, Justice.

This was a plea-of-privilege case, in which the appellants, plaintiffs below, sued appellees, defendants below, on an alleged debt on an open account in the District Court of Harris County, Texas. The defendants duly filed their respective pleas-of-privilege to be sued in Jefferson County. Texas, the county of residence of each. By controverting-affidavit the plaintiffs asserted that the suit was based upon a contract-in-writing, performable in Harris County, Texas, and thus that their suit was within the exception created by Article 1995, Subdivision 5, of the Revised Civil…