Ivey

Plaintiff brought this action in the county of Kern for damages for breach of a certain contract whereby the defendant agreed to sell and convey to the plaintiff certain lands situate in said county of Kern. The defendant filed a demurrer to the complaint, and also a notice of motion and a demand for a change of the place of trial from said county to the superior court of the city and county of San Francisco. Said motion was granted, and the plaintiff appeals from the order granting said motion.

The grounds upon which said motion was based are as follows: “1. That the contract sued upon in this action was made in said city and county of 'San Francisco, and was to be performed therein; 2. That the obligation or liability of defendant, if any, arose in said city and county of San Francisco, and the breach thereof, if any, by defendant, occurred therein; 3. That the principal office and place of business of defendant is in the said city and county of San Francisco.”

The agreement, for the breach of which the action was brought, was executed in duplicate. It recites that said corporation has its principal place of business at the city and county of San Francisco. It describes the…