W. J. Bush & Co. v. Van Camp Sea Food Co.

Plaintiff brought this action in the superior court of the county of San Diego against the defendant corporation to recover damages for breach of contract alleged to have been suffered by reason of the refusal of the defendant to accept and pay for certain merchandise. It was alleged that defendant was a corporation organized under the laws of California; that in August, 1918, it entered into a written contract to purchase the merchandise in question from the plaintiff; that it had refused to accept and pay for the merchandise, except a small portion thereof, and that the merchandise had not been resold. The difference between the value thereof to the plaintiff and the price agreed to be paid was stated to be the sum of $2,856. The written contract referred to was attached to the complaint as an exhibit and made a part thereof. The contract was dated at New York and provided that delivery of the merchandise should be f. o. b. National City. Defendant filed a demurrer, together with a demand for change of place of trial to Los Angeles County, it being asserted that that county was the legal residence and principal place of business of the defendant. An affidavit accompanying the…