Lengyel & Lengyel Builders, Inc. v. Hill

The defendants have appealed 1 from an order which modified but did not dissolve the plaintiffs ex parte prejudgment real estate attachment in an action for breach of contract. 2 The issues on appeal are whether the trial court erred (1) in failing to dissolve the attachment when the original ex parte application failed to state facts sufficient for the court to determine probable cause for the amount of damages, and (2) in rejecting the defendants’ defenses of implied contingency and impossibility.

The defendants argue that if an application for an ex parte prejudgment real estate attachment…