Carse

This is an appeal from an order denying defendant’s motion for a change of venue to the county of defendant’s residence.

Plaintiffs’ complaint alleges as a first cause of action that defendant entered into a contract to buy certain real property from plaintiffs; that defendant deposited a check for $3,000 with the real estate broker pursuant to the terms of a deposit receipt contract; and that thereafter defendant stopped payment on the check. The contract provided that in the event the defendant purchaser failed to pay the balance of the purchase price or to complete the purchase, the amount deposited . . shall at the option of the seller, be retained as consideration for the execution of this agreement ...” Plaintiffs seek judgment on said cause of action in the amount of $3,000.

For a second cause of action plaintiffs allege that in reliance upon defendant’s written agreement to buy the real property, they, the plaintiffs, refrained from maintaining and caring for an orchard on the property, and that as a result they have been damaged in the further sum of $3,000 by the failure of the defendant to perform the contract as agreed.

Defendant demurred to the complaint and in…