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STEVENS v. MARCO

Docket No. 21559.

147 Cal.App.2d 357 (1956)

305 P.2d 669

C.H. STEVENS, Appellant, v. VINCENT A. MARCO et al., Respondents.

Court of Appeals of California, Second District, Division Two.

December 31, 1956.

Attorney(s) appearing for the Case

J. Robert Maddox for Appellant.

John P. McGinley, Robert N. Gold, Loeb & Loeb and Herman F. Selvin for Respondents.

FOX, J.

Plaintiff appeals from a judgment of nonsuit in an action in which he sought damages for breach of contract, fraud, money had and received and goods sold and delivered.

[1] Under familiar rules of appellate procedure in considering the propriety of a nonsuit, we must resolve every evidentiary conflict in plaintiff's favor, accept as true all evidence adduced, direct or indirect, supportive of plaintiff's case and indulge in every legitimate...

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