Nakata

This is an appeal from an order refusing to change the place of trial.

The plaintiff alleges in his complaint that he is a resident of Fresno County; that the defendant is a corporation; that on the first day of October, 1920, in the county of Fresno,, plaintiff and defendant entered into a written agreement for the sale to the plaintiff of ten shares of the capital stock of the defendant corporation; that the price was to be $100 per share, and was to be paid by two promissory notes of even date, one in the sum of $875, and one in the sum of $1,625. That on the first day of December, 1920, plaintiff paid 'the note for $875, and he alleges that the defendant still holds the other note. It is alleged that the defendant’s agent, for the purpose of inducing the plaintiff to make the purchase, represented at and in the county of Fresno, “that within ninety (90) days from date the selling price of said shares of capital stock would be $120 each”; that the stock had “a ready sale throughout the state of California,” and that the defendant had sufficient moneys on hand “to make loans on real estate in the county of Fresno,” and that the defendant “would pay the plaintiff 12% per annum”…