Hayes v. Super-Cold Southwest Co.

CRAMER, Justice.

This is an appeal from an order overruling appellant’s plea of privilege to be sued in Tom Green County. Appellee’s petition in the trial court was upon a note for $1,890 payable in Dallas County, in 28 installments of $67.50 each, and for the foreclosure of the chattel mortgage lien on a refrigerator.

The plea of privilege in addition to the usual provisions, alleged under oath as follows: “No part of the written contract between plaintiff and defendant was or is performable in Dallas, Dallas County, Texas, in that under said written agreement, it was provided that defendant…