Hamburger

This is an appeal from an order dissolving an attachment. The complaint alleged that the defendant on March 1, 1913, had engaged plaintiffs as exclusive selling agents for his goods in California and several other states, agreeing that the plaintiffs should be entitled to seven and one-half per cent commission on all sales, however made, in New York or in the specified states, and that the contract of employment should remain in force for one year. The breach complained of was the alleged termination without cause of the plaintiffs’ agency in the month of August of that year, by which the plaintiffs were damaged in the loss of estimated commissions in the sum of one thousand eight hundred and ninety dollars. Upon filing this complaint the plaintiffs presented their affidavit and undertaking on attachment, and a writ was issued and executed upon property of the defendant in this state. Thereafter the defendant gave notice of a motion to dissolve this attachment upon the ground, among others, that the plaintiffs’ affidavit for attachment omitted to state that the defendant was a nonresident of the state of California. The plaintiffs responded with a counter-motion for leave to amend…