Lowenberg

The appeal is from an order refusing to dissolve an attachment. The complaint set forth that the defendants are residents of the state of New York; that they are engaged in the business of selling clothing and wearing apparel to the trade; that their principal place of business is located in said state; that each of them has been continuously absent from the state from September, 1907, up to and including the month of December, 1911; “that during the month of September, 1907, said plaintiff and said defendants entered into an agreement in writting, made and executed in the state of California, whereby it was understood and agreed that said plaintiff should handle defendants’ lines of goods in that territory located west of Denver, Colorado, selling the same by sample, on a basis of 7%% commission on all orders checked and shipped, deducting all returns, commissions to be paid from the first to the tenth of each month for goods shipped during the previous month; that said plaintiff’s headquarters were located in the state of California; that said agreement was in full force and effect continuously from the said month of September, 1907, up to and including the month of December,…