Lowell Fruit Company v. Alexander's Market, Inc.

Plaintiff-appellant Lowell Fruit Company has appealed from an order refusing to vacate a pre-judgment writ of attachment defendant Alexander’s Market, Inc. (Alexander’s) obtained in connection with Alexander’s counterclaim against Lowell Fruit. We conclude this appeal must be dismissed for lack of jurisdiction. We turn to the background.

Plaintiff Lowell Fruit brought an action against defendant Alexander’s complaining that Alexander's had failed to pay for produce Lowell had sold to it. Alexander’s counterclaimed contending that the contract between them had been a cost plus one, but that…