Gas Appliance Sales Co. v. W. B. Bastian Manufacturing Co.

This is an appeal from an order granting a change of venue from Alameda County to Los Angeles, which is the place of residence of the defendant corporation.

Both appellant and respondent are California corporations. The residence and principal place of business of the former party is at Oakland, Alameda County, California, and the latter is at the city of Los Angeles. A written agreement between the parties purports to have been executed in Alameda County November 13, 1923, the introductory paragraph of which reads: “Agreement made this 13th day of November, 1923, in the city of Oakland, County of Alameda, State of California, etc.” By the terms of this agreement the respondent corporation appointed appellant corporation “exclusive sales agent for the sales of the Majestic, California, and Universal Automatic Water Heaters,’’for all the northern counties of California, for the term of five years. The contract provided that appellant should purchase from respondent not less than 1,200 heaters for the first year, 2,500 per year for two succeeding years and 3,600 each year thereafter, at specified prices payable f. o. b. on cars at Los Angeles. Respondent reserved the right to…