Terry

This appeal is from an order of the superior court of Yolo County granting a motion for a change of venue to the city and county of San Francisco. Appellant’s attack upon the order is based upon the assumption that the action is for the determination of some right or interest in real estate within the meaning of section 392 of the Code of Civil Procedure.

Manifestly, the nature of the case is determined from the allegations of the complaint and the character of the judgment which might be rendered upon default. (McFarland v. Martin, 144 Cal. 771 , [ 78 Pac. 239 ].)

It appears from the. complaint that the action is one of rescission based upon the ground of fraud. Attached to the complaint is a copy of a contract entered into between the defendant Bivergarden Farms Company and the plaintiff Terry. It seems that Stine & Kendrick, the other defendant, executed the said contract as attorney in fact for their co-defendant. The contract is in the usual form for the sale and purchase of real estate.

The complaint sets forth that certain false and fraudulent representations as to the character and condition of the land were made by the defendants, and it concludes with this prayer:…