Arthur

Arthur v. Fetterman

Good Law
1919 Cal. App. LEXIS 730·42 Cal. App. 53·183 P. 307
Court of Appeal of CaliforniaJuly 2, 1919Civ. No. 2898.California802 words

Opinion

Lead Opinion

Thomas, J.

This is an action brought by the plaintiff L. J. Arthur against the defendant George C. Fetterman to recover damages alleged to have been sustained by reason of certain alleged fraudulent representations, alleged by plaintiff to have been made in connection with an exchange of real properties between himself and defendant, and as fully set forth in the complaint.

The defendant, by his answer, makes admission as to certain allegations of the complaint, but for our present purposes suffice it to say that, so far as material here, with the said exceptions, all the material allegations of the complaint are denied. No demurrer was interposed. There was a trial by jury, and the verdict was in favor of the plaintiff, for the sum of twenty thousand dollars. Motion for a new trial was made, and "denied. From the judgment and order denying his motion for a new trial, defendant appeals.

Appellant relies upon and urges the following five “points” for a reversal here, viz.: (1) That the complaint does not state facts sufficient to constitute a cause of action; (2) That the court erred in not granting defendant’s motion for nonsuit; (3) That the evidence is insufficient to support the…

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