Swartz v. California Olive Growers' Packing Corp.

By a contract in writing dated November 2, 1940, respondent was employed as general manager of appellant for five years and to render such duties as might be required of him in effecting an increase in the sales of its products. The writing itself makes no mention of the locus of its execution, the place of residence of appellant, or of the county in which respondent’s services were to be performed, although it recites that he is “of Los Angeles.” However, the complaint alleges that the agreement was to be performed in Los Angeles County.

It appears from respondent’s affidavit, used on the…