Nicholson

This action was brought to recover the sum-of $284,300 claimed as the balance of the purchase price of shares of stock sold to defendant under a written contract. Defendant cross-complained against plaintiff and her husband for damages for their fraud in inducing him to enter into the contract. After a trial without a jury the court construed the contract and concluded that defendant was not obligated to pay any further sum thereunder. On the cross-complaint the court found that cross-defendants had willfully made false representations of fact upon which cross-complainant had relied, but that no damage had resulted. Judgment was for defendant on the complaint and for cross-defendants on the cross-complaint.

The judgment was entered October 19, 1962. There was no notice of motion for a new trial. Plaintiff filed her notice of appeal from the judgment on December 18, 1962. Defendant and cross-complainant filed a notice of cross-appeal on December 21, 1962. The latter notice not having been filed within sixty days from the entry of the judgment as required by rule 2(a) of the California Rules of Court, the cross-appeal must be dismissed. (County of Los Angeles v. Jamison, 189…