Pinkston-Hollar, Inc. v. Big Three Welding Supply Co.

MASSEY, Chief Justice.

Our opinion in this case, filed under date of March 13, 1964, is withdrawn and the following- substituted therefor.

This is an appeal from an order overruling a plea of privilege. The plaintiff, Big Three Welding Supply Company, prevailed, in the matter of venue against defendant, Pinkston-Hollar, Inc., on the latter’s contention that subdivision or exception No. 5, “Contract in writing”, to Vernon’s Ann.Tex.St. Art. 1995, “Venue, general rule”, had application to its suit. The exception gives a plaintiff the right to sue a defendant in the county wherein he has…