Robson

This is an appeal from a judgment entered upon an order granting the motion of the defendant John G. Hoyt for a nonsuit. Different phases of this litigation have been considered before by the supreme court and district court of appeal of this state. (Robson v. Superior Court, 171 Cal. 588 [ 154 Pac. 8 ]; Robson v. O’Toole, 45 Cal. App. 63 [ 187 Pac. 110 ].) Many of the questions discussed in the briefs in the present case have been authoritatively settled by the opinions filed upon the former appeals. As the facts are quite completely discussed in said opinions, reference is made to the same and an extended statement of facts will not be made herein. Only those matters will be discussed which differentiate the present ease from the cases previously considered upon the appeals involving the same controversy.

[1] At the outset, in view of the rule that all the evidence is to be taken most favorably for the plaintiff in considering the defendant’s motion for a nonsuit, we must say that the record shows that the payment of the mortgage under consideration was undertaken, personally, by the respondent Hoyt, as a part consideration of the purchase price of the property involved.

[2]…