Cockerill

The plaintiff has appealed from the order of the court granting defendant E. J. Tobin’s motion for a change of the place of trial to San Mateo County. It is not disputed that the place of residence of defendants E. J. Tobin and Abby Parrott Tobin is in San Mateo County and that of defendants Takata and Matsushige in Colusa County. The only question presented by the appeal is whether the complaint states a cause of action against the last-named defendants.

The complaint alleges that the Tobins leased certain lands to Takata and Matsushige for the purpose of growing rice thereon and by the terms of the lease agreed “to furnish water in sufficient quantities to properly irrigate a crop of rice to be planted and grown upon said lands at all times when needed”; that Takata and Matsushige, with the written consent of the lessors, “assigned said lease and sublet said premises in so far as the westerly 390 acres thereof were concerned to the plaintiff C. W. Cockerill and one Dean M. Cockerill, and said assignment and sublease were expressly made subject to all the terms and conditions of said original lease except as to the rental to be paid thereunder”; that the Cockérills planted a…