Long
Ennis-Brown Co. v. Long
Opinion
Lead Opinion
Chipman, J.
Motion to change the place of trial. The action is for damages for breach of an alleged written contract, whereby defendants agreed to sell and plaintiff agreed to purchase certain 900 sacks of beans to be delivered at Bradford Wharf No. 2, Contra Costa county.
Defendant moved the court to change the place of trial to the superior court of Contra Costa county on the ground of the convenience of witnesses. The motion was denied and defendants appeal from the order.
Defendant Long made affidavit that the alleged transaction, the subject of the action, took place in Contra Costa county, and that affiant was the only person on behalf of defendants who entered into any arrangement with plaintiff in relation to the alleged agreement; that one Coggshall, acting as plaintiff’s agent, on October 19, 1905, “visited the premises occupied by this affiant and his codefendants on Bradford Island and examined said beans . . . and offered to purchase the same for the price (stating terms) and that he would pay ... (on October 22,1905) the sum of five hundred dollars; . . . that he would receive said beans and pay the balance of the purchase price of said beans at said Bradford No. 2, on or…