Keller v. Pacific Turf Club

Plaintiff, Dan Keller, seeks to recover damages for breach of contract from Pacific Turf Club, a California corporation, and its officers, hereafter referred to as defendants. At the close of plaintiff’s case, the court granted defendants’ motion for a nonsuit and plaintiff appeals. We conclude that the matter should have gone to the jury.

The granting of a motion for a nonsuit is warranted 11 ‘. . . when, and only when, disregarding conflicting evidence, and giving to plaintiff’s evidence all the value to which it is legally entitled, indulging in every legitimate inference which may be drawn…