Fargo v. Morgan

MISER, Circuit Judge.

The issue in this case is the right of a change of venue in an action brought in Clay county by a resident of that county against a resident of Brown county. The defendant shipped from Brown county to Gayville, Yankton county, a carload of stock hogs. Plaintiff, desiring to purchase stock hogs, had negotiations in Gayville with defendant with reference to the purchase of part of the hogs.

The complaint alleges that defendant, in order to induce plaintiff to purchase, warranted and stated that the 'hogs were not sick and made other representations, in reliance upon which…