Southwestern Investment Company v. Allen

This is an exception 5 venue case. The exception reads as follows:

“If a person has contracted in writing to perform an obligation in a particular county, expressly naming such county, or a definite place therein, by such writing, suit upon or by reason of such obligation may be brought against him, either in such county or where the defendant has his domicile.” Article 1995, section 5, Vernon’s Ann. Texas Stats.

Petitioner, Southwestern Investment Company, brought suit for an alleged unpaid balance due upon a promissory note executed by respondent, Edward C. Allen, and payable to Kemp Motor…