Flagg

This is an appeal from an order dissolving an attachment.

It is alleged in the complaint that on the twentieth day of January, 1891, the plaintiff purchased and had issued to him forty shares of the capital stock of the California Rational Bank of San Diego, for which he then paid five thousand dollars, and that he afterward received as dividends on the stock one hundred and twenty-five dollars and no more; that to induce plaintiff to purchase the said stock the defendants, prior to the said purchase, made and executed their agreement in writing, reading as follows:

It is further alleged that on the 8th of August, 1891, plaintiff desired to dispose of his said stock, pursuant to the terms of said agreement, and so notified defendants; that he was then and at all times mentioned able to return said stock to defendants, and thereafter, on the 10th of October, 1891, he offered to return the same to them, and demanded of them the performance of their agreement and that they take and purchase from him the said shares of stock at the price he paid for the same, and allow him ten per cent per annum on his investment of five thousand dollars for the time said money was invested, but, to…