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OFFER v. McMILLAN

Docket No. 7920.

101 Cal.App.2d 840 (1951)

226 P.2d 380

KARL OFFER et al., Appellants, v. MABEL V. McMILLAN et al., Respondents.

Court of Appeals of California, Third District.

January 23, 1951.

Attorney(s) appearing for the Case

Darold D. De Coe and Norman R. Samuelsen for Appellants.

Wilke & Fleury for Respondents.

DEIRUP, J. pro tem.

[1] The plaintiffs have appealed from a judgment in favor of the defendants in an action for damages for fraud. Counsel for appellants concede that the findings are supported by evidence but contend that, as indicated by his written opinion, the trial judge required clear and convincing evidence rather than a mere preponderance of the evidence for proof of fraud, and that this constituted

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