Farmers’ Seed & Gin Company, Incorporated v. H. C. Brooks

Summary

The Texas Supreme Court held that, for a venue plea under exceptions 5 and 23 of Article 1995 R.S., the plaintiff need only show the existence of a written contract performable in the county and that the cause of action arose there; proof of breach or damages is not required at the plea of privilege hearing. The Court affirmed the lower courts and adopted the Commission of Appeals' answer to the certified questions.