Carnation Co. v. El Rey Cheese Co.

This appeal was taken by defendant E. Hagan from an order denying his motion for change of venue.

The action was brought for $5,408.86 claimed to be owing on a transaction wherein defendants were alleged to have sold respondent a quantity of cheese for which respondent paid them $19,782 before discovering that it was unmerchantable; respondent alleged that after such discovery “the purchase thereof was rescinded by the parties by mutual oral agreement entered into at Oakland,” pursuant to which the defective cheese was returned to defendants at Los Angeles, who agreed to reimburse respondent…