Stephenson v. Oates.

McDONALD, Chief Justice.

This is an appeal from an order overruling a plea of privilege. Venue was *856sought to be maintained in Tarrant County under Section 5 of Article 1995, Revised Civil Statutes, Vernon’s Ann. Civ. St. art. 1995, subd. 5, which governs the venue of suits on contracts in writing performable in a particular county. The chief question for decision is whether the contract which the parties made was an oral contract or one in writing.

Both plaintiff and defendant are grain dealers. Plaintiff resides in Fort Worth, in Tarrant County, where the suit was brought, while defendant…