Wouldridge

Plaintiff, vendee of land, seeks damages from the sellers and their agents for false representations inducing the sale. After commencement of trial to a jury, defendant sellers paid plaintiff $10,000 and received a dismissal with prejudice as to sellers only. Later, defendant agents moved to dismiss upon the ground that dismissal of the sellers discharged all defendants. Dismissal was entered, and plaintiff appeals. It is undisputed that: respondent agents made representations that the first jury found to be false (new trial was granted after that verdict); the dismissal was given before verdict at the first trial; and sellers and their agents were “tortfeasors claimed to be liable for the same tort.”

Such a release “shall not discharge, any other such tortfeasor from liability unless its terms so provide, but it shall reduce the claims against the others ... in the amount of the consideration paid for it” (Code Civ. Proc., § 877).

Defendants-respondents, however, point to another provision (Code Civ. Proc., § 875), which establishes a right of contribution among tortfeasors. Subdivision (d) of the section provides that “There shall be no right of contribution in favor…