Kohlman v. Witherell & Dobbins Co.

Plaintiff is a dealer in shoes in the city of New Orleans. Defendant is a nonresident corporation engaged in the manufacture of shoes. Alleging nonperformance by defendant of contracts for the sale and delivery of shoes, plaintiff instituted this action, by attachment and garnishment, for damages for the breach thereof. Plaintiff averred said damages to be the difference between the contract price and the market price of the merchandise at the date of the alleged breach. The action in rem became an action in personam when defendant, through counsel, appeared in court to defend the suit.

Defenda…