Kato

[1] This is an appeal from an order denying a motion to dismiss an attachment. The action was brought by respondent to recover damages from the appellant, by reason of a breach of his agreement to sell and deliver a crop of tomatoes. It is alleged in the complaint that under the terms of the contract between the parties the defendant agreed to sell and deliver, and plain tiff agreed to buy, when the same became ripe and ready for delivery, all tomatoes grown on a designated parcel of land. The price agreed to be paid was the sum of fifteen dollars per ton. The damage alleged is the difference between that price and the market price of the tomatoes on the day that appellant contracted to deliver them, and upon every day after that time to the filing of the suit, which market price is alleged to be twenty-five dollars per ton.

The affidavit for attachment contains the averment that the defendant in the action “is indebted to plaintiff in the sum of two thousand dollars ($2000), over and above all legal set-offs and counter-claims upon a contract for the direct payment of money, to-wit, a contract by which the defendant agreed to pay plaintiff the difference between "three thousand…