refusing to consider denials of requests for admissions in summary judgment evidence
How later courts described this case
- refusing to consider denials of requests for admissions in summary judgment evidence
- payor's domicile is place of payment where contract silent
Written by the judges who cited it.
The opinion
J. CURTISS BROWN, Chief Justice,
dissenting.
I respectfully dissent.
I agree with much of what is said in the well reasoned opinion of the majority except that in my view the guaranty of September 17, 1978 providing that the “amount of $100,000.00 will be paid to Carbonit by this bank” addressed to Carbonit in Houston, Texas was and should be a sufficient promise of payment in Texas for jurisdictional purposes. I do not believe that the authorities cited relative to place of payment compel a contrary conclusion. The voluntary agreement is sufficient to subject appellee to suit in Texas on behalf of the Texas promisee. Therefore, I would reverse the judgment of the trial court, render judgment overruling the special appearance and remand the case for trial on the merits.