Landry

Plaintiff sued defendants in three causes of action—for fraud and deceit, breach of contract and money had and received; writ of attachment followed. Defendants moved to dissolve the same and filed with their notice of motion affidavits and certain exhibits; plaintiff filed opposing affidavits. The matter was referred to a court commissioner for findings and recommendations; based upon his findings of fact he recommended to the court that the motion be granted and the writ be discharged, and the court so ordered. Thereafter, pursuant to section 259a, subdivision 2, Code of Civil Procedure, plaintiff filed a motion taking exception to the findings and recommendations of the commissioner and order dissolving attachment; after a hearing thereon, the court granted plaintiff’s motion to vacate the previous order dissolving the writ, found the second cause of action of the first amended complaint to be sufficient to sustain the writ of attachment, and entered an order denying defendants ’ motion. Defendants appeal from the order.

Plaintiff’s first cause of action alleged fraud and conspiracy in connection with certain oral representations made by defendants relative to a written…