Wheeler

This is an appeal from an order denying appellants’ motion for a change of venue from the county of Yuba to the city and county of San Francisco.

The complaint is in the form of a common count alleging that appellants were indebted to the respondent in the sum of $1,225.22 and had promised to pay that sum in Yuba County, but that the appellants had failed to pay the obligation as promised.

Appellant E. L. Moschetti filed an affidavit in support of the motion for change of venue which deposes and says: That the parties made two written contracts in Yuba County by the terms of which appellants sold and respondent purchased certain fixtures which were to be delivered in Yuba County; that when the time for delivery arrived respondent changed his plans and no longer desired the equipment; that about three weeks subsequent to the sale the respondent entered into an oral agreement with the appellants; that this oral agreement was entered into in San Francisco and was to the effect that appellant sell the fixtures for respondent’s account on a commission basis; that all the fixtures were thus sold in Oakland, California, or are now in the possession of the respondent, with the single…