SACRAMENTO SUBURBAN FRUIT LANDS CO. v. LINDQUIST

No. 5703.

39 F.2d 900 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS CO. v. LINDQUIST et ux.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 26, 1930.


Attorney(s) appearing for the Case

Butler, Van Dyke & Desmond, of Sacramento, Cal., and Edward P. Kelly, of Minneapolis, Minn., for appellant.

Ralph H. Lewis and George E. McCutchen, both of Sacramento, Cal., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


DIETRICH, Circuit Judge.

This is another of the Sacramento Suburban Fruit Lands Cases [see Melin Case (C. C. A., No. 5671) 36 F.2d 907].

The contract of purchase, alleged to have been procured through fraudulent representations, was executed September 29, 1921, and the complaint herein was filed April 24, 1928. The only averment in the complaint to account for the delay is that "plaintiffs did not discover the falsity of said...

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