Hardenburgh v. Hardenburgh

Appeal by defendant from an order denying his motion for change of place of trial. The action, which was brought in Richland county, is to recover for breach of a written contract for sale. Defendant's motion was for a transfer of the action to Missoula county upon the grounds: (1) That defendant resided in that county at the time of the commencement of the action and (2) that Missoula county is the county in which the contract was to be performed.

It appears from the complaint, the copy of the contract[1] attached thereto and the affidavit of defendant filed in support of his motion: That…