Sherman

Appeal by defendants from a judgment denying defendants’ motion for change of venue from the county of Imperial to the county of Los Angeles.

The complaint was filed June 29, 1923. It alleged three causes of action; the first was for vegetables and produce sold and delivered, the second for fruit and produce sold, and the third for labor performed. The last two claims were assigned to plaintiff. Defendants filed an affidavit of merits and written demand that the trial be had in Los Angeles County. In support of their motion for change of venue defendants made affidavit that at the time of the filing and commencement of the action on June 29, 1923, the defendants and each of them resided in the county of Los Angeles, had so resided for some time prior to the commencement of the action, and have ever since continuously so resided and do now reside in the county of Los Angeles. Plaintiff filed a counter-affidavit that on May 22, 1923, plaintiff and defendants entered into a agreement for the sale by plaintiff to defendants of certain vegetables, melons, and fruit then growing, and that the account sued upon is due under the terms of said contract; “that under the terms of said…