Mrs. Moretensen, plaintiff's witness, testified that his dealings were solely with Mr. White, whom he knew from previous business dealings. Defendant Acme does not dispute that it owed plaintiff's assignor the sums it claimed for goods shipped, and plaintiff has admitted that adding a judgment for fraud against defendants will not affect its recoverable damages. Plaintiff presented insufficient evidence at trial and in her motion for a new trial to support a judgment for fraud. If for any reason this court declines to reinstate the July 13 judgment, it should reverse the July 18 judgment adding fraud because plaintiff presented insufficient evidence to establish fraud. All references to the appendix and reporter's transcript have been deleted.
All statutory references are to the Code of Civil Procedure.