Finder v. Jenka Corporation

POPE, Justice.

This appeal concerns venue under Section S, Art. 1995, Vernon’s Tex.Civ.Stats. Plaintiff, Jenka-Corporation, sued Richard M. Finder, d/b/a Texkan Oil Company, in Nueces County, on a promissory note which expressly fixed venue in Nueces County. Kaffie Lumber & Bulk Barites, Inc., in the same petition, asserted a separate action against the same defendant upon an open account. Defendant urged a plea of privilege to be sued in Dallas County, and the trial court overruled the plea as to both plaintiffs.

If the actions had been separately filed, venue for the suit on the promissory…