Gallo v. Boyle Manufacturing Co.

TUTTLE, J. —

This is an appeal from an order denying defendant’s motion for change of venue.

The complaint states a cause of action for damages based upon a warranty in respect to certain metal drums sold by defendant to plaintiffs. It is alleged that the principal place of business of defendant corporation is the city of Los Angeles, and that drums were sold and delivered, f. o. b. Modesto, Stanislaus County, California.

Article XII, section 16, of the Constitution of California provides:

“A corporation or association may be sued in the county where the contract is made or is to be performed, or…