Stotland v. Mobile Homes Engineering Corp.

Defendants appeal from an order denying their motion to discharge an attachment. The sole question for determination is whether the present proceeding is one within the purview of subdivision 1 of section 537, Code of Civil Procedure, which authorizes an attachment in an action “upon a contract, express or implied, for the direct payment of money. ’ ’

The complaint, carelessly or inartfully drawn, is somewhat of a hodgepodge. Entitled “Complaint for (1) Breach of Contract (2) Fraud and Deceit and (3) Guarantee of Contract,” the first count alleges the execution of a written contract calling…