Phœnix Refining Co. v. Nichols

BICKETT, Chief Justice.

This is an appeal by Phoenix Refining Company, Inc., from a judgment of the district court sustaining the plea of privilege of C. P. Nichols to be sued in the county of his residence, Refugio county, Tex. Appellant relied upon article 1995, subd. 5, Revised Statutes of Texas (1925), to sustain the venue of the case in Bexar county. The correctness of the order depends upon the sufficiency of the controverting plea filed by appellant to show a promise in writing to pay in Bexar county.

The allegations of the controverting, plea were in general terms and did not…