Stevens v. Marco

Plaintiff appeals from a judgment of nonsuit in an action in which he sought damages for breach of contract, fraud, money had and received and goods sold and delivered.

Under familiar rules of appellate procedure in considering the propriety of a nonsuit, we must resolve every evidentiary conflict in plaintiff’s favor, accept as true all evidence adduced, direct or indirect, supportive of plaintiff’s case and indulge in every legitimate inference which may be drawn from such evidence for plaintiff’s benefit. (Aguirre v. City of Los Angeles, 46 Cal.2d 841, 844 [299 P.2d 862]; Singer v. Marx,…