MacDonald

A motion was interposed by the defendant in an action pending in the Superior Court of Los Angeles County for the release of an attachment. An order denying such motion was entered and she appealed therefrom.

From the pleadings it appears that the parties signed certain escrow instructions to a bank wherein the said defendant agreed to deposit for the account of the plaintiff $2,000 in cash, a mortgage and a deed of trust through which she assumed an indebtedness of $8,500, and the plaintiff agreed to deliver in escrow a deed to certain real property provided the other party should make the deposits mentioned above. In the complaint it was alleged that the value of the realty was $10,000; that the plaintiff was to receive $10,500 as a consideration therefor, and that “the excess of the amount which would have been due to plaintiff under said contract over and above the value of the said real property to him was and is the sum of $500.00.” That the defendant had failed and refused to “perform the terms, covenants and agreements of said contract,” and that her failure so to do had damaged the plaintiff in the sum of $500, for which he prayed judgment. An affidavit filed upon…