Blossom

This action for damages for an alleged breach of contract was instituted in the superior court of Tehama County. The defendant’s motion for a change of venue to the city and county of San Francisco, the place of his residence at the time of the commencement of the action, was granted. The defendant answering, denied all of the material allegations of the plaintiff’s complaint, and, cross-complaining, prayed for damages claimed to have been suffered by him because of the plaintiff’s failure to keep the terms of the contract imposed upon him. In due course plaintiff made a motion that the action be transferred to the superior court of Tehama County for trial upon the ground of the convenience of witnesses, supporting the motion by his own affidavit. Therein the plaintiff set forth the names of certain witnesses residing in or in the vicinity of Tehama County, and averred that it was his intention to call them as witnesses in his behalf, and that they would testify in a particular way to certain matters and things which apparently were material and relevant only to the issues raised by the defendant’s cross-complaint. In reply the defendant filed his affidavit denying generally all…