Berettoni

Action for deceit. Judgment for plaintiff as prayed and from that judgment the defendants have appealed, bringing up a bill of exceptions. In their brief the appellants present several points, among others are the points that the plaintiff’s complaint did not state a cause of action because no damages were alleged nor the amount of the damages, and, second, that the evidence was insufficient to support the verdict because there was no evidence that the plaintiff was damaged, or, if he was damaged, the extent or amount of his damage. In view of the conclusion which we have reached we do not find it necessary to consider any other question than the sufficiency of the evidence.

Prior to the twenty-second day of June, 1922, five different persons owned the B,uon Gusto Restaurant, situated at 503 Broadway, San Francisco. On the date last mentioned the prohibition authorities commenced abatement proceedings against the restaurant. Process was duly served on the owners and from time to time orders were made extending the time for the defendants to appear and plead. The last order extending time was filed on the thirty-first day of August, 1922. Thereafter, on the sixteenth day of…