Muller

Appellant filed an action in Alameda County to recover the balance due on several sales contracts, setting the contracts forth in a first cause of action and in a second cause of action simply alleging an indebtedness of the same amount. Respondent who was sued individually and doing business as M. & M. Construction Company, Ltd., moved for a change of venue to Contra Costa County on the ground that at the time of the commencement of the action he was a resident of Contra Costa County. The appeal is from an order granting the motion.

By the allegations of its complaint and by detailed statement in its affidavits, appellant sought to show that the contracts were entered into and were to be performed in Alameda County. By his answer and by affidavit, respondent sought to show that the contracts were entered into and were to be performed in Contra Costa County. No affidavit of merits was filed, but after an objection was made on that ground to the granting of the motion defendant requested permission to do so. By stipulation, the minutes of the hearing on the motion were amended to show that appellant “as an additional ground for objection to said motion, objected to said motion…