Easom

This action was brought by plaintiff (respondent herein), as the assignee of one James H. Hardy, to secure a balance due upon the purchase price of certain promissory notes which the General Mortgage Company, defendant below and appellant herein, had purchased under contract from the said Hardy. The answer of the Mortgage Company purported to deny the performance of conditions precedent, and as a separate defense set up certain small counterclaims. There was also included in the answer a cross-complaint alleging fraud and praying for a rescission of the original contract. Issues were framed thereon, and the case proceeded to trial. Thereupon plaintiff and respondent rested on the pleadings, and defendant and appellant moved for a nonsuit. The motion was denied. Appellant then introduced evidence in support of the allegations contained in its answer and cross-complaint, and after the case was submitted to the court judgment was given plaintiff and respondent for the full amount sued for.

After a motion for a new trial had been made and denied, the Mortgage Company appealed, assigning as error the court’s action in denying the motions for a nonsuit and for a new trial, in…