Haswell

The trial of this case was by jury. While the appellant complains of a nonsuit as to certain counts of the complaint there was a judgment, general in its terms, entered in favor of defendant surety company upon a directed verdict. The notice of appeal is directed exclusively to this judgment. In fact, the clerk’s transcript shows no entry of an order or judgment of non-suit. After the appeal was taken the original plaintiff, Luiggia Beffa, died, and the present plaintiff, the executor, was substituted. The word “plaintiff” will refer to the original plaintiff. ■

The appeal is upon a typewritten transcript. The entire record is 343 pages in length. From the briefs, it appears that the sole question involved is the question of statutory construction hereinafter stated. Therefore, the court has not undertaken a close examination of the record represented by the reporter’s transcript and which is 300 pages in length. On a few pages the nature of the ease has been stated by the appellant’s counsel, and, excepting for a few minor corrections, respondent’s counsel has concurred in this statement. The action is one for fraud practiced by defendant Costellenos, a licensed real estate…