Work v. Associated Almond Growers

TYLER, P. J.

Appeal from an order granting a motion for change of place of trial.

The action was brought by plaintiffs as vendors against the defendant as vendee, to recover the balance of the purchase price due under a contract for the sale of certain lands together with interest and an amount due for taxes paid.

The complaint recites in substance that plaintiffs entered into an agreement on July 14, 1919, with one Albert Mac-Rae, by which they gave to him an option to purchase from them certain real property situated in Monterey and San Luis Obispo Counties, comprising some 6,028.15 acres. By the terms of the agreement the price of the land was $45 per acre. MacRae assigned his interest in the contract to defendant herein, Associated Almond Growers of Paso Robles, which agreed to perform it. Prior to the commencement of this action defendant exercised the option and had paid upon the purchase price with interest the sum of $281,388.69, leaving a balance due plaintiffs of $38,404.90. Subsequent to the assignment from MacRae to defendant it was agreed that in the event of the exercise of the option the real property should be conveyed to the Santa Barbara Trust Company. Plaintiffs then allege that they have fully kept and performed their part of the agreement and have tendered a deed to the trust company properly executed and

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have demanded of the defendant the balance due on the purchase price, together with other sums also due, and that the trust company has refused to accept the deed and defendant has likewise refused to pay the balance due the plaintiffs.

The prayer is for judgment against defendant for the sum of $38,404.90, with interest; that defendant be required to accept or cause the trust company to accept delivery of the conveyance tendered by plaintiffs and for general relief.

Defendant demurred to the complaint and it also filed its demand for a change of place of trial to the county of Santa Barbara, where it alleged it had its principal place of business and residence. This motion came on regularly for hearing and the parties stipulated that the contract which formed the basis of the action was made and executed outside the county of Monterey and that the principal place of business of Santa Barbara Trust Company was in the county of Santa Barbara. It was likewise conceded that the principal place of business of defendant was also in that county.