Doud

This is an appeal hy the plaintiff, an attaching creditor, from an order of the Superior Court of San Bernardino County dissolving an attachment. Plaintiff brought suit to recover from defendant the sum of $1375 damages from breach of a contract entered into between plaintiff and defendant.

The complaint alleges that the contract was entered into on the twenty-seventh day of June, 1926, under the terms of which plaintiff purchased from defendant, who was engaged in a business known as the Fontana Fur Industries, sixty-four rabbits, sex does, for breeding purposes, paying therefor the sum of $640. That it was represented to plaintiff that the sixty-four rabbits were does and were bred and would be “cleared” in about thirty days. That the rabbits delivered included sixty-three does and one buck. That it turned out that the sixty-three does were not bred and they had not “cleared” to date of filing suit, November 22, 1926. That by the terms of the contract of purchase it was further agreed that all breeding, feeding, housing and graduating of litters was to be done under the supervision of the defendant, without charge to the plaintiff, and that it was further agreed that defendant…