JEFFERSON, J.
This action, for damages based on fraud and unjust enrichment, was brought by Joanaco Projects, Inc. against Nixon & Tierney Construction Company and against its two stockholders, John Tierney and Donald Nixon. The trial was by the court sitting without a jury. Upon the completion of the presentation of plaintiff's case, defendants moved for a judgment under the provisions of Code of Civil Procedure section 631.8.
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