Elzey

Plaintiff owned a lot in southeastern Los Angeles County. He contracted with defendant Metropolitan Builders to construct thereon a 12-unit apartment house. Construction was to be financed by a loan on the property, in the amount of $54,000, secured by a first deed of trust. Subsequently, at the request of defendant Metropolitan Builders, plaintiff executed an additional note for $18,102.40, secured by a second deed of trust. He sued to rescind the two transactions, alleging fraud in inducing him to execute the second deed of trust and a failure of consideration for either deed or the notes they secure. After a trial by the court, a motion for judgment under section 631.8 of the Code of Civil Procedure was made by defendant and was granted. No findings were requested within the time provided by rule 232 of the California Rules of Court. 1 Plaintiff has appealed; we affirm.

Contrary to the contention of plaintiff, it is well settled that, on a motion under section 631.8 of the Code of Civil Procedure (unlike the situation on a motion for a nonsuit under section 581c) the trial court weighs the evidence and its decision must be upheld on appeal if there is any substantial…