
    Oliver v. Bass.
    Tenue! in actions on contract. Where, by the terms of a verbal contract for the purchase of a lot of hogs, they were to be delivered to the vendee at a certain place and time therein named, it was held, that suit for a breach thereof was properly commenced in the county of the place where, by the terms of the contract, the property was to be delivered though the defendant resided in another county, under section 2798 of the Revision, which provides that “ when by the terms of a contract it is to be performed in any particular place, an action for the breach thereof may be brought in the county in which such place is situated.”
    
      Appeal from Hamilton District Gowrt.
    Saturday, October 28.
    The plaintiff, in his petition, states, that “ on or about the 15th day of November, 1869, he contracted orally with the defendant for the purchase of eight hogs for 7-J cents per pound live weight to be paid therefor on delivery, and then paid to the defendant one dollar as a part of the purchase-money of said hogs; that the defendant then promised to deliver the same to plaintiff at his warehouse in Webster City, in Hamilton county, Iowa, on the 21st day of November, 1869, there to have the same weighed and receive his pay therefor, in accordance with the terms of sale, etc.” The breach of the contract is alleged and damages claimed.
    The defendant appeared and filed an application for a change of venue from Hamilton county, in which the action was brought, based upon the fact that he resided in Webster county. Motion sustained at the costs of plaintiff, who excepted and appeals.
    
      Charles A. Clark for the appellant.
    
      J. Skinner for the appellee.
   Miller, J.

The errors assigned are in sustaining the defendant’s motion and making the order changing the venue from Hamilton to Webster county.

The general rule is, that personal actions must be brought , in the county where the defendant resides. Revision of 1860, § 2797; Hunt v. Bratt, 23 Iowa, 171. An exception to the rule is that, “ when by the terms of a contract it is to be performed in any particular place, an action for the breach thereof may be brought in the county in which such place is situated.”. Revision of 1860, § 2798. The contract set out in the petition was “ by its terms ” to be performed at Webster City in Hamilton county. There is where the hogs were to be delivered, “ by the terms ” of the contract. A failure to deliver at the time and place agreed upon was a breach of the contract, and suit was properly brought in Hamilton county therefor.

The appellee urges that the section of the statute referred to and relied on by the appellant contemplates only written contracts, and that the contract sued upon in this action being by parol, the venue was properly changed. The language of the statute is: when by its terms a contract is to be performed in any particular place, • etc.” Thus including all express contracts, whether written or resting in parol. No distinction is made by the statute between oral and written contracts. All are alike embraced within the language used.

The order of the district court changing the venue to "Webster county is reversed.

Reversed.  