1 Plaintiff in error, as plaintiff in the trial court, sued James Sellers, herein referred to as defendant, and others for rescission of a sale and transfer of certain shares of stock in the Citizens Bank of Drumright, Oklahoma, together with fractional interests in realty and other stock, allegedly obtained from plaintiff under false and fraudulent misrepresentations during existence of a confidential relationship. For clarity, other defendants will be referred to by name. At the close of the evidence plaintiff dismissed without prejudice as to defendant R.A. Sellers, Sr., and the trial court sustained demurrers to the evidence interposed by the remaining defendants. This appeal is from the action of the trial court sustaining the demurrers to plaintiffs evidence and entering judgment for defendants.