Lencioni

Plaintiffs, entitling their complaint one for “specific performance,” brought an action to compel performance by defendants of their written agreement to pay the purchase price of certain real and personal property. The prayer of the complaint is that defendants be compelled to specifically perform in accordance with their written agreement, which is set forth as an exhibit to the complaint, that plaintiffs have judgment for $32,500, which was the portion of the $42,000 purchase price defendants had agreed to pay in cash, and that, if specific performance cannot be granted, plaintiffs recover $2,000, the amount of the commission paid to a broker. The plaintiffs secured from the clerk of the court the issuance of a writ of attachment for $15,000 upon the filing of the required affidavit and undertaking, and levied upon two parcels of real property owned by defendants and which were parcels not involved in the contract of sale. Defendants moved to dissolve the attachment. The motion was denied. Defendants appeal on the clerk’s transcript. The order is an appealable one. (Code Civ. Proc., § 963, subd. 2; Lohr v. Superior Court, 111 Cal.App.2d 231 [ 244 P.2d 5 ].)

The sole contention…