Flagg v. Dare

Citations

• 107 Cal. 482
• 40 P. 804
• 1895 Cal. LEXIS 779

Syllabus

<p>Attachment—Action upon Contract—Purchase of Stock.—In an action upon a contract for the purchase of shares of bank stock, by the terms of which it was agreed that upon sixty days’notice the defendants would purchase the stock at an agreed price per share, with interest from the time of the investment, in consideration of a subscription by the plaintiff for the same number of shares of bank stock, a complaint setting up the contract and alleging that plaintiff gave the defendants the required notice, and offered to deliver the stock to them, and demanded that they purchase the same and pay therefor the agreed price per share and interest, and that defendants refused to accept and pay for the stock or perform their agreement, shows that the action is founded upon an express contract for the direct payment of money, upon which an attachment may be issued.</p> <p>Id.—Affidavit for Attachment — Statement of Contract.—It is not necessary that an affidavit for attachment should state whether the contract for the payment of money is express or implied, and an affidavit showing that the defendants are indebted to the plaintiff in a specified sum upon a contract for the direct payment of money is sufficient.</p>