PESKIN v. SQUIRES

Docket No. 22474.

156 Cal.App.2d 240 (1957)

319 P.2d 405

JOSEPH PESKIN, Appellant, v. ARLO D. SQUIRES, Respondent.

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

December 18, 1957.


Attorney(s) appearing for the Case

Wyman & Finnell for Appellant.

Gilbert J. Heyfron, Earl E. Howard and Charles F. Howard for Respondent.


ASHBURN, J.

Plaintiff appeals from judgment of nonsuit in a fraud action. The complaint contains numerous counts, but the ninth, alleging fraud, is determinative of this appeal.

The familiar test of propriety of a nonsuit must be kept in mind. "`A motion for nonsuit may properly be granted "... when, and only when, disregarding conflicting evidence, and giving to plaintiff's evidence all the value to which it is legally entitled, indulging in every...

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