October 25, 1943. June 28, 1944. Present: FIELD, C.J., LUMMUS, QUA, DOLAN, RONAN, WILKINS, SPALDING, JJ. Trustee Process. Contract, Building contract. An attachment by trustee process is ineffectual if, at the time of service of the writ, an executory building contract between the defendant as builder and the trustee was unperformed by the defendant so that there was nothing due thereunder from the trustee to the defendant absolutely and without contingency. CONTRACT. Writ in the Third District Court