Rupp

Plaintiffs filed their complaint claiming damages against defendants for fraud alleged to have been perpetrated in the sale of certain stock of the California Consolidated Building & Investment Corporation, belonging to the defendants Richardi. The case was tried before the court without a jury upon the issues raised by the complaint and answer, as well as upon a cross-complaint filed by the defendants Richardi against the plaintiffs upon a promissory note for the sum of $15,000 and the answer of plaintiffs and cross-defendants thereto, said latter answer setting up as a defense to the note the same acts alleged as fraud in cross-defendants’ complaint in the action. The court found in effect that no fraud had been practiced and gave judgment that plaintiffs take nothing and that cross-complainants recover judgment on their cross-complaint. From such judgment this appeal is taken.

Appellants contend that the findings and judgment are not supported by the evidence and that the court erred in giving judgment for defendants, urging that the evidence is so overwhelmingly against the findings that there cannot be said to be a “fair and reasonable ground for a difference of opinion”…