Burnham v. Lewis

The opinion of the court was delivered by

Greene, J. :

The plaintiff in error sued to recover damages for a breach of contract made in Kansas to sell real estate situated in Rush county, and, on the ground of the non-residence of the defendant, caused the real estate over which the controversy arose to be attached. The defendant below appeared and filed a motion to discharge the attachment, for the reason that an order of attachment could not issue in an action to recover unliquidated damages for a breach of contract to sell real estate. Upon the hearing of this motion, the plaintiff asked…