Sturtevant v. K. Hovden Co.

Appeal from an order dissolving an attachment.

The sole question here involved is whether or no the two causes of action set forth in the complaint, or either of them, is of such a character as to warrant the issuance of an attachment.

The first cause of action is based upon the theory of rescission and rejection, the complaint in substance alleging that plaintiff's assignors purchased from defendant in San Francisco certain canned apricots of specified grades and standards, to 'be shipped to New York. The goods so purchased were fully paid for. Upon arrival at their destination it was…