Joanaco Projects, Inc. v. Nixon & Tierney Constr. Co.

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. The motion was granted by the court and judgment was entered thereon. Plaintiff appeals, contending the evidence is insufficient to support the judgment. We have concluded that…