Ezmirlian v. Otto

HAHN, J., pro tem.

This appeal comes to ns from a judgment of nonsuit rendered in an action wherein the complaint contains two counts. The first is a cause of action for damages for alleged slander of plaintiffs’ title to lots 1 and 4 of block E of Yista Del Mar tract. The second is in the form of common count for money had and received.

Defendant based his motion for a nonsuit on the following grounds:

“1. That'the plaintiff in this action has failed to prove the existence of any malice on the part of the defendant.

”2. That the plaintiff has failed to prove the issuance of any false statement…