Azarello v. Bessolo

Action by plaintiffs for rescission of deed to real estate based upon fraud and failure of consideration. At the conclusion of the plaintiffs’ case judgment of non-suit was entered and the plaintiffs appeal.

In all essential particulars this is a companion ease to that of Mascro v. Bessolo, ante, p. 262 [262 Pac. 61], in action Civil No. 3364, this day decided by this court. All the authorities cited in that case are pertinent here, save and except as to those relating to the court granting a nonsuit for reasons not stated in the motion therefor.

The complaint in this action involves…