219 S.W. 560 | Tex. App. | 1920
We need not determine whether it appeared from the allegations in appellee's pleadings, as the trial court found it did, that appellant had committed actionable fraud in Delta county (Oakes v. Thompson,
"Where * * * a party elects to sue on his contract rather than for his damages for fraud, * * * he waives the fraud * * * as a fact fixing the venue of his suit."
The judgment will be reversed, and judgment sustaining appellant's plea of privilege and directing the clerk of the county court of Delta county to make up a transcript of all the orders made in the cause, certify officially thereto under the seal of said court, and transmit the same, with the original papers in the cause, to the clerk of the county court of Hunt county, will be here rendered. *837