Favali

This is an action for damages. A judgment of nonsuit was entered in favor of the defendants and the plaintiffs have appealed. It is not contended that the judgment is erroneous except as to the defendants Richardson and Lewis, who will be referred to herein as defendants and respondents.

Respondents contend that the judgment was properly entered on the ground that the complaint does not state facts sufficient to constitute a cause of action. Insufficiency of a complaint is not a ground for granting a nonsuit. (Code Civ. Proc., sec. 581; Pacific Finance Corp. v. Roffalli, 98 Cal. App. 198 [ 276 Pac. 1064 ]; Loop Bldg. Co. v. De Coo, 97 Cal. App. 354 [ 275 Pac. 881 ]; Scott v. Sciaroni, 66 Cal. App. 577 [ 226 Pac. 827 ].) The complaint charges that the defendants entered into a conspiracy to defraud the plaintiffs and made false representations which induced the plaintiffs to enter into the agreement involved in the action; that by the terms thereof the parties agreed to exchange properties owned by them respectively; that the plaintiffs conveyed their properties to the defendants in accordance with the agreement, but that the defendants “failed, refused and neglected to, and by…