Lakeside Irr. Co. v. W. C. Hedrick Const. Co.

• Court: Texas Court of Appeals
• Writing for the Court: Lane
• Citation: Lakeside Irr. Co. v. W. C. Hedrick Const. Co., 230 S.W. 1057 (Tex. App. 1921)
• Decision Date: 08 April 1921
• Docket Number: (No. 8057.)
• Parties: LAKESIDE IRR. CO. v. W. C. HEDRICK CONST. CO.

230 S.W. 1057

LAKESIDE IRR. CO. v. W. C. HEDRICK CONST. CO.

(No. 8057.)

Court of Civil Appeals of Texas. Galveston.

April 8, 1921.

Appeal from District Court, Harris County; Ewing Boyd, Judge.

Action by the W. C. Hedrick Construction Company against the Lakeside Irrigation Company, which filed a plea of privilege to be sued in the county of its residence. From a judgment overruling the plea of privilege, defendant appeals. Affirmed.

W. S. Strickland, of Eagle Lake, and Cooper & Merrill, of Houston, for appellant.

Baker, Botts, Parker & Garwood, of Houston, for appellee.

LANE, J.

This suit was brought in the district court of Harris county by W. C. Hedrick Construction Company, a corporation with its principal office at Houston, Harris county, Tex., against Lakeside Irrigation Company, a Texas corporation which has its domicile at Eagle Lake in Colorado county, Tex., to recover the sum of $8,009.39, alleged to be a balance due it for the performance of certain construction work in Colorado county under a certain contract entered into between the two parties, and for a forfeiture of its lien upon certain lands of the defendant created under said contract The plaintiff Construction Company alleged that the contract under which the construction work was performed was made in Houston, Harris county, Tex. The Lakeside Irrigation Company, hereinafter called the Irrigation Company, filed its plea of privilege in due time, manner, and form, asserting its right to be sued in Colorado county, the county of its residence, and prayed for a transfer of the suit to the district court of Colorado county for trial. The W. C. Hedrick Construction Company, hereinafter called the Construction Company, in due...