Brun

Plaintiff sued to recover the sum of $2,000 paid to the defendants as security for the performance of the covenants and conditions of a certain lease of real and per sonal property between the parties. Plaintiff had judgment for $1,555.56 and the defendants have appealed on a typewritten record.

The lease contained the condition that the sum of $2,000 was to be paid “as security for the performance of all the covenants and conditions herein contained ... to be returned by said Lessors to said Lessee when the term of this lease shall have expired, but is to be forfeited should any of the terms or conditions of this lease be broken by the said lessee.” The trial court found that the lease was terminated by mutual agreement and that at that time the plaintiff owed the defendants the sum of $444.44. This sum was deducted from the amount sued for and this accounts for the judgment as rendered. The points advanced by appellants will be treated in order.

The order denying appellants’ motion for a change of venue was based upon conflicting affidavits. Appellants insist that the motion should have been granted. The order is one from which an appeal may be taken (sec. 963, Code Civ.…