Rose

Appeal from order discharging or dissolving attachments. Plaintiffs Rose, Anspach and O. W. Childs Company sued defendants John B. Pearman and Margaret B. Pearman for deceit in the sale to them of all the outstanding stock of Leo G. MacLaughlin Company, a corporation, seeking damages in the sum of $75,000; in a second count of the complaint they sought declaratory relief. Leo G. MacLaughlin Company is a coplaintiff and joins in seeking declaratory relief. Defendants answered, denying the alleged fraud and asserting counterclaims for payments in the nature of salary alleged to be due them under the terms of said agreement which plaintiffs allege to have been fraudulently induced. Attachments were levied by defendants upon property of the plaintiffs other than the MacLaughlin Company, later released as to Anspach, and .the other plaintiffs, Rose and O. W. Childs Company, moved to discharge same upon the grounds that there was no contract for direct payment of money made by them with defendants, and that the allegations of the attachment affidavits were untrue. Upon conflicting affidavits the trial judge granted the motion and this appeal attacks that order.

The contract is in…