Dixon Management Corp. v. Montfort
Dixon Management Corp. v. Montfort
Opinion of the Court
M. H. Montfort et al., who reside in Young County, sued Dixon Management
Dixon Management Corporation filed its plea of privilege to be sued in Harris County. It was controverted by Montford et al. by allegation to the mentioned provisions of said contracts and breach thereof by defendants. Plaintiffs alleged that said written contracts provided for performance of the alleged obligations in Stephens County, where the land covered by the lease was situated, and that they were entitled to maintain the suit under exceptions 5,14, and 23 to Article 1995. The court overruled Dixon Management Corporation’s plea of privilege and it has appealed.
So far as the application of exception 5 is concerned, we think this case cannot be distinguished from Petroleum Producers Company v. Steffens, 139 Tex. 257,1-62 S.W. 2d 698. The written contracts sued on show that appellants contracted in writing to perform the obligation asserted by plaintiffs in Stephens County. Stephens County was expressly named in said written contract. The place for performance of the expressed obligation sued on is expressly named in the lease and in the written contracts relative to control and operation of the lease and the place so expressly named is Stephens County. The suit is, therefore, maintainable in Stephens County under exception 5. It is, therefore, immaterial whether the suit might be maintained there under other exceptions. See also Carlon Products Corp. v. Schwab, Tex.Civ.App., 310 S.W. 2d 767; Gifford-Hill & Co. v. Hearne Sand & Gravel Co., Tex.Civ.App., 183 S.W.2d 766 and Duncan v. White, Tex.Civ.App., 319 S.W.2d 346. We hold that the court did not err in overruling appellant’s plea of privilege. The judgment is affirmed.
On Motion for Rehearing.
Appellant has filed a forceful motion for rehearing. It contends this case should be distinguished from the Steffens case because that suit was for breach of an implied obligation to drill a well on land described in the lease and that the only county in which the drilling could be done was where the leased land was situated, but, that, in this case, the obligation to turn over “operation” of the lease could be performed in any county. The operating agreement recited that each party owned an interest in an oil lease in Stephens County and in production from said land and in the equipment thereon, used in connection with the production of oil from said land. They agreed that “said lands shall be developed and operated in
In Coffield v. Richter, Tex.Civ.App., 229 S.W.2d 97, recently cited by our Supreme Court with apparent approval, Richter sued Coffield, a non-resident, in Fayette County on a written contract which merely recited that it acknowledged the sale of oil in a tank located on a lease at Schulenburg, which oil was to be removed within 15 days. Coffield failed to remove the oil and was sued for damages. The pleading and the proof showed that the oil was in Fayette County. The court said the agreement described the oil as being stored in a tank on a lease in Schulenburg and provided for its removal. It concluded that the contract named a definite place in Fayette County and provided the place for its performance. Applying the same idea to the instant case, the written contracts recited that the subject thereof was an oil lease in Stephens County and the parties contracted for its development and operation in conformity with said lease and said agreements. They expressly recited that said lease was situated in Stephens County and that the operator should have the sole custody and exclusive charge of all development and operation thereon and of all equipment on the lease. The parties contracted in writing to perform the obligations sought to be enforced in Stephens County and expressly named that county in the operating agreement. Therefore, venue is maintainable there under exception 5 to Article 1995. See also McKenzie Construction Co. v. Pittman, Tex. Civ.App., 288 S.W.2d 527, (Writ Dis.); Wood Motor Company v. Hawkins, Tex. Civ.App., 226 S.W.2d 487; Carlon Products Corp. v. Schwab, Tex.Civ.App., 310 S.W.2d 767, 769; Reinhart v. W. H. Cothrum & Co., Tex.Civ.App., 244 S.W.2d 562 and Garrison v. Morrow, Tex.Civ.App., 300 S.W.2d 175, 177. The motion for rehearing is overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.