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Appeal from an order denying motion to dissolve an attachment.

The verified complaint alleges that on the ninth day of May, 1906, plaintiff paid to defendant the sum of $1,000, in consideration of which defendant agreed, in writing, to issue, or cause to be issued, to plaintiff five thousand shares of the capital stock of a corporation, then in process of organization, each share of the par value of one dollar.

That on the twenty-ninth day of May, 1906, defendant refused to perform said contract, or to return the said $1,000. That plaintiff thereupon demanded the return of said sum and defendant refused and refuses, etc., to pay the same to plaintiff. The demand is for judgment against defendant for $1,000 and costs of suit.

The affidavit avers an indebtedness of $1,000 “upon an express contract for the direct payment of money, to wit: For money obtained by said defendant at his special instance and request from said plaintiff, ’ ’ etc.

The motion to dissolve the attachment was based upon two grounds, to wit: That the amount of plaintiff’s claim as stated in the affidavit does not conform to plaintiff’s complaint, and that the complaint does not state facts sufficient to…