Graham v. District Court

Plaintiffs Davis sued for damages for alleged misrepresentation in the sale to them of certain realty. The suit was against the Grahams as sellers, and against Crabtree and Little as real estate brokers who negotiated the sale of the realty. Grahams cross-claimed against Little, as did Crabtree-. In turn Little filed her cross-claim against Crabtree.

At the conclusion of plaintiffs’ case each defendant orally moved for a dismissal on the ground of failure of proof. The following colloquy took place at the time the trial court ruled on these motions:

“The Court: The motion to dismiss is…