Armstrong v. Smith

JONES (B. C.), J. pro tem.

In this case the appeal is from an order denying a motion for a change of venue to the county of the defendant’s residence.

On the 5th of January, 1938, the plaintiff and the defendant entered into a contract whereby the plaintiff undertook to construct a multiple dwelling house for the defendant on a lot in the city of Oakland, county of Alameda. The contract, in a form usually employed by builders, was prepared and executed by the parties in San Francisco. At the time the action was brought the defendant resided in the county of San Mateo. There are no express…