Beazley

Defendant Wilson appeals from a judgment entered in this action against him; and also from an order made prior to judgment denying his application for a change of place of trial from the county of Orange to the county of Los Angeles.

This action was brought to recover the sum of one thousand dollars and certain interest money alleged to be due from the defendants on account of conditions stated in a certain contract for the sale of realty. The real property was located in the county of Los Angeles. Plaintiff alleged that in 1911, as vendor, he made a contract for the sale of the real estate with the two defendants Embree as vendees; that in November, 1912, the vendees assigned their interest in the contract to the defendant Wilson, the assignment being in the following form: “We hereby transfer all our right, title and interest in this contract to Philip L. Wilson, and he agrees to accept the same. O. H. Embree, Rachel M. Embree, Philip L. Wilson.” This allegation followed: “That at the time of receiving and accepting said transfer, all of the facts concerning said transaction were known to the defendant Philip L. Wilson and he thereby consented to and assumed all of the…