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PARKS-DAVIS AUCTIONEERS v. VERNA DRILLING COMPANY (10/10/79)

October 10, 1979

PARKS-DAVIS AUCTIONEERS, INC., APPELLANT
v.
VERNA DRILLING COMPANY, APPELLEE



Appeal from the District Court of Ector County, Texas

COUNSEL

For Appellant: C. Sidney McClain - Dallas, TX

For Appellee: Hayden Burns - Houston, TX

Author: Ward

/ s/ William E. Ward, Associate Justice

This is a venue appeal involving Subdivisions 7 and 23 of Article 1995, Tex.Rev.Civ.Stat.Ann. Suit was filed in Ector County, and the plea of privilege sought transfer to the Defendant's residence in Dallas County. The trial Court overruled the plea of privilege, and we affirm.

The Plaintiff, Verna Drilling Company, was interested in purchasing the assets of another drilling company and contacted the Defendant appraisal firm, Parks-Davis Auctioneers, Inc., to make an appraisal of the oil drilling equipment. An agreement was then made between the parties that the Defendant would make the appraisal and would use their employee, a Mr. Harries, for the actual work. After the appraisal began, Verna's manager inquired of Harries if the Defendant would make an appraisal for them of a National 110 oil rig which they had located in Saudi Arabia. Harries told them that he would have to contact the manager of his firm and would report to them later. According to the testimony offered by the Plaintiff, Harries later reported that the Defendant's manager had agreed that the Defendant would make the new appraisal, and at that time, and in Ector County, Verna disclosed the location and the ownership of the National 110 drilling rig, and ...


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