Smith v. Roach

Opinion

DUNN, J.

Plaintiffs appeal from a judgment of nonsuit in favor of all defendants entered in a jury trial after the trial court granted defendants’ motion for nonsuit made at the conclusion of plaintiffs’ opening statement (Code Civ. Proc., § 581c) at the trial of their action for damages for fraud.

The action was commenced January 12, 1972, against James Roach, Margaret Roach, Ardythe Raphael and Quality Properties. The framed in one count, sought damages for defendants’ alleged fraud in inducing plaintiffs to purchase an apartment house in

Plaintiffs’ opening statement was, in essence,…