Kass v. Weber

Plaintiff sued in the court below on three causes of action: rescission on the grounds of fraud; money damages on the grounds of fraud; and money had and received. The trial court gave judgment on behalf of plaintiff on her first cause of action only. Defendant appealed on the judgment roll. As such the evidence is conclusively presumed to support the findings, and the only questions presented are the sufficiency of the pleadings and whether the findings support the judgment. (Hunt v. Plavsa (1951) 103 Cal.App.2d 222, 224 [229 P.2d 482]; Kompf v. Morrison (1946) 73 Cal.App.2d 284, 286 [166…