E. I. Noxon Construction Co. v. Wallace Process Piping Co.

This is an appeal from an order denying defendants’ * motion for an order releasing an attachment. Two questions are involved: (1) Does the superior court have jurisdiction to hear the action; and (2) does the complaint state a cause of action for which an attachment will lie within the meaning of subdivision 1 of section 537 of the Code of Civil Procedure?

IThe complaint alleges that plaintiff is a general contractor for the United States with reference to a certain construction project known as the G/M Building Number 2, at Yandenberg Air Force Base, Lompoc, California. As general contractor, plaintiff entered into a subcontract agreement with defendant. A portion of the contract is set out in the complaint. Its material terms are as follows: At its own expense defendant was to “furnish all labor, material, equipment and competent supervision incidental thereto, to furnish and install all Mechanical work as specified ... subject to “due performance,” plaintiff was to pay $156,400 in the form of monthly payments with a lump sum balance due following' completion by defendant and acceptance by plaintiff; “. . . all work done and materials furnished hereunder” were to be “performed…