Callender v. Myers Regulator Co.

Plaintiff had a contract with defendant corporation by which he became for them a selling agent. Defendant terminated the contract. Plaintiff brought suit claiming damages, $45,000. He filed affidavit for writ of garnishment, stating his suit was a personal action arising upon express contract, and that defendant was indebted to him upon such contract in the said sum.

Plaintiff filed bill of particulars claiming damages on the contract of $3,230.37 and damages for breach of contract $41,769.63. A number of garnishee defendants were brought in and filed disclosures. Defendant moved to dismiss…