Orange County Rock Products Co. v. Cook Bros. Equipment Co.

BISHOP, J. pro tem. *

The plaintiffs, corporations with common problems, joined in this action, each plaintiff seeking to recover damages on two counts, one based on fraud and one based on a breach of warranty. On plaintiffs’ own motion the fourth, fifth and sixth counts (the warranty counts) were dismissed. Then, on the defendants’ motion, the trial court granted a judgment on the pleadings and plaintiffs appealed. We have come to the conclusion that the remaining fraud counts state, at best, only outlawed causes of action, and we are of the opinion that it was not shown to be reversible…