Sherman Foundry v. Mechanics, Inc.

HALL, Justice.

Sherman Foundry brought this suit in Grayson County against Mechanics, Inc., on a verfied open account for a balance of $4,823.77 allegedly due for merchandise sold by Foundry to Mechanics. Mechanics filed a plea of privilege to be sued in Tar-rant County, the county of its residence. Foundry controverted the plea of privilege, contending that Mechanics “contracted in writing” to pay the account in Grayson County, and that, accordingly, venue was permissible there under the provisions of Subd. 5 of Article 1995, Vernon’s Ann. Texas Civil Statutes. After a hearing without a jury,…