Beard v. Curry & Curry, P.C.

DODSON, Justice.

In this venue phase of the action, Frank Beard appeals from the trial court’s order overruling his plea of privilege to be sued in the county of his residence (i.e., Hockley County, Texas). By one point of error, Beard claims the trial court erred in overruling his plea of privilege because the evidence is legally and factually insufficient to support an exception under Tex.Rev.Civ. StatAnn. art. 1995, § 5(b) (Vernon Supp. 1982-1983). We reverse and render. Subdivision 5(b) of art. 1995 provides:(b) In an action founded upon a contractual obligation of the defendant to pay…