Sturtevant

Appeal from an order dissolving an attachment.

The sole question here involved is whether or no the two causes of action set forth in the complaint, or either of them, is of such a character as to warrant the issuance of an attachment.

The first cause of action is based upon the theory of rescission and rejection, the complaint in substance alleging that plaintiff's assignors purchased from defendant in San Francisco certain canned apricots of specified grades and standards, to 'be shipped to New York. The goods so purchased were fully paid for. Upon arrival at their destination it was discovered, so it is alleged, that they were not up to standard. Plaintiff’s assignors registered an objection to the goods, but subsequently sold the same. Upon such sale they did not receive the amount of the contract price, and, as an additional loss, they were subjected to certain expenses, which brought the amount of their alleged damage to the sum of $2,946.44.

The second cause of action sets forth ■ the same state of facts, but under it plaintiff seeks recovery, not upon the theory of rescission, but upon the basis of a breach of an implied contract of guaranty.

An attachment was issued…