Traub Co. v. Coffee Break Service, Inc.

BURKE, J.—

Plaintiff brought an action to set aside the purchase of a business on the ground of fraud. Defendants denied the fraud and cross-complained for the balance due on the purchase price which was represented by a promissory note. The trial court, sitting without a jury, gave judgment for defendants and cross-complainants, finding that the alleged misrepresentations of fact had not been shown to have been made by the preponderance of evidence. The court granted plaintiff’s motion for new trial and defendants appeal therefrom.

Defendants Nat Krupp and Morton W. Smith were owners of all…