Allen v. Merchants Electric Co.

This is an appeal from an order discharging a writ of attachment in a suit against a resident of this state. The availability of the remedy is limited by statute to certain classes of action, and the sole question presented on this appeal is whether this action is “upon a contract, express or implied, for the direct payment of money” as required by subdivision 1 of section 537 of the Code of Civil Procedure.

The complaint is in four counts, which allege:

1. That by a written contract of July 23, 1957, a copy of which is made part of the complaint by reference, defendants agreed for a price of…