Fredrick v. Chicago Bearing Metal Co.

The question here is whether an attachment may be levied on defendant’s interest or right to receive profits under a contract which provides: “As additional consideration for the sale of said properties the Magnus Company agrees to pay to the Chicago Company a further sum measured by 20% — 1 /5th — of the profits as herein defined, earned by the Magnus Company and all of its subsidiaries, as now or hereafter constituted, for a period of seven years from the date of the conveyance and delivery of the properties and assets sold hereunder.”

Defendant, however, was not to be charged with any loss…