Karst

Plaintiff appeals from an order changing the place of trial of this action from the county of Los Angeles to the city and county of San Francisco.

The order was made on the application of the defendant Seller on the grounds that he is a resident, of San Francisco, that no cause of action exists in favor of plaintiff against the other defendant, J. E. Armstrong, and that the attempt to state a cause of action against said Armstrong was fraudulent and for the sole purpose of having the action tried in Los Angeles County, where said plaintiff and the defendant Armstrong reside.

The complaint is on an action to recover money paid, notes given and damages incurred by reason of a rescinded contract of sale of a motor-truck to plaintiff by alleged fraudulent and false representations. It is alleged that the two defendants were engaged in the business of selling motor-trucks, and conspired together to deceive, cheat, and defraud plaintiff; that they falsely, fraudulently, and willfully represented the truck to be a two-ton truck, entirely new, in perfect running order, whereas it was only a ton and a half truck, was not new, and had been misused and damaged; that these facts were known…