Johnston

An appeal by plaintiff Robert Johnston from an order granting defendants’ motion for a change of place of trial from the city and county of San Francisco to Shasta County, upon the ground of the residence of the defendants. The action is based upon an alleged agreement to pay real estate commissions to plaintiff’s assignor. The single question involved relates to the residence of the defendant John W. Benton, appellant having made no point on this appeal as to the residence of the other defendants Kate L. and Harry L. Benton, who are, respectively, the mother and the brother of defendant John W. Benton. The evidence offered in support of the motion consisted of an affidavit made by defendant John W. Benton to the effect that for more than twenty years immediately preceding, and at the time of the commencement of this action, he was a resident of Shasta County, which affidavit was supplemented by his oral testimony given at the time of the hearing of the motion and by the affidavit of Benton’s mother, Kate L. Benton, in which she stated in substance that although her son had been absent in the military service he had “never changed his residence” from Shasta County and had “at all…