Citations
- 315 S.W.2d 340
Full opinion text
McDONALD, Chief Justice.
This is a venue case involving Subdivision 23, Article 1995, Vernon’s Ann.Tex. St. Parties will be referred to as in the Trial Court. Plaintiffs Porter and wife sued defendant United Motels, Inc., a corporation (domicile and principal place of business of which is in Wilbarger County), seeking damages for breach of an employment contract, and for cancellation and rescission of a stock purchase in the corporation, on the grounds of fraud and failure of consideration. Defendant filed its plea of privilege to be sued in Wilbarger County, the county of its residence and principal place of business. Plaintiffs filed controverting affidavit asserting venue in Brazos County under Subdivision 23 of Article 1995. Trial was before the court without a jury, which after hearing entered judgment sustaining the defendant’s plea of privilege and ordering the cause transferred to Wilbarger County.
The Trial Court filed findings of fact and conclusions of law, pertinent portions of which are summarized as follows:
Findings of Fact
• 1)-Plaintiff was, at the time of the accrual- of this cause of action, a resident