Rapoport

This is an appeal from an order granting the motion of defendant Hoberg to dissolve an attachment. Defendant, as respondent here, has made no appearance in this court and the clerk’s transcript and appellant’s brief comprise the record on appeal.

The question presented is whether this action is “upon a contract, express or implied, for the direct payment of money,” as required by subdivision 1 of section 537 of the Code of Civil Procedure.

The complaint is stated in three causes of action as follows:

The third cause of action mentioned above is not involved here and therefore is not described in detail. After a writ of attachment was issued specifying the amount of $14,071.22, defendant made his motion to dissolve the attachment. Plaintiff appeals from the order granting the motion.

From the papers submitted to the court on defendant’s motion to dissolve the attachment it appears that the exact provision of the contract involved in this case dealing with defendant’s promise to pay any cost of construction in excess of $53,000 reads as follows:

In view of the provisions of the agreement quoted above, it is clear that defendant has made a contract for the direct payment of…