Birchminster Resources v. Corpus Christi Management Co.

DUNAGAN, Chief Justice.

This is an appeal from an order sustaining appellee’s plea of privilege. Appellant-plaintiff Birchminster Resources (Birch-minster) sued appellee-defendant Corpus Christi Management Company (CCM) in Smith County to recover sums alleged to be due under a written contract for the drilling of an oil or gas well in Starr County. CCM filed a plea of privilege to be sued at its domicile, Nueces County. Birchmin-ster filed a controverting affidavit pursuant to Subdivision 5, Article 1995, Vernon’s Ann.Tex.Civ.St., maintaining that the suit was upon a valid contract in writing…