Regal Petroleum Corp. v. McClung

ROBERTSON, Justice.

This is an appeal from an order overruling a plea of privilege. McClung sued Regal Petroleum Corporation, a resident of Wichita County, in Dallas County for wrongfully withholding sums allegedly due under an operating agreement. Defendant filed its plea of privilege, and plaintiff filed his controverting plea asserting that venue of the suit was proper in Dallas County under Tex.Rev.Civ.Stat.Ann. art. 1995 § 23 (Vernon 1964). After a hearing, the trial court overruled defendant’s plea of privilege. We reverse and remand.

The pertinent provision of article 1995 § 23 states:…