Bailey v. A. R. A. Manufacturing Co.

BOYD, Justice.

This suit was filed in a District Court of Tarrant County by appellee A. R. A. Manufacturing Company against appellant Wheat Bailey, doing business as Wheat Bailey Motor Company. The appeal is from a judgment overruling appellant’s plea of privilege to be sued in Ector County, where he resides.

Appellee sought to sustain venue under Article 1995, subd. 5, R.C.S., contending that its suit was upon a contract in writing performable in Tarrant County.

By points of error, appellant contends: that the affidavit supporting the controverting plea was based purely upon hearsay,…