Boettcher v. Piney Woods Tractor & Implements, Inc.

KEITH, Justice.

In this venue appeal the sole question presented is which subsection-(a) or (b)-of Tex. Rev. Civ. Stat. Ann. Art. 1995, Subdiv. 5 (Supp. 1980-1981), controls venue of the suit.

Defendant purchased two skidders and two grapples from plaintiff for use in the harvest of timber, the transaction being financed by a bank in Lufkin. Upon defendant’s default, plaintiff paid the bank and foreclosed its lien upon the equipment. It then sued the defendant in Angelina County to recover the deficiency. Defend*613ant filed his plea of privilege to be sued in Walker County and plaintiff’s…