Keylon v. Inch

In this action for damages, based on fraud and deceit, the lower court, upon the conclusion of the testimony on behalf of appellants, sustained a challenge interposed by respondent Inch to the sufficiency of the evidence, on the ground that appellants had waived their action for damages, could not recover, and the jury was thereupon discharged. The lower court accordingly entered an order dismissing the action, with prejudice, as to respondent Inch. From that action on the part of the lower court, this appeal was taken.

Upon the challenge to the sufficiency of the evidence introduced by…