Oil Company Wins Dismissal of Declaratory Judgment/Breach of Contract Suit

Esperada proposed the development of a large gas field in Texas and entered into a joint venture with Dart to develop the field. Although the gas field was in Texas, negotiations and execution of the joint venture occurred in Dart's Michigan offices. Esperada moved for dismissal on the grounds that the venue should be in Texas and subsequently sued Dart in Texas state courts, which ruled that the venue was proper in Texas and dismissed the action rather than transfer the venue because of existing state litigation in which all issues could be litigated.