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SACRAMENTO SUBURBAN FRUIT LANDS CO. v. MELIN

No. 5671.

36 F.2d 907 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS CO. v. MELIN.

Circuit Court of Appeals, Ninth Circuit.

Motion for Modification of Opinion Denied January 13, 1930.

Attorney(s) appearing for the Case

Butler, Van Dyke & Desmond, of Sacramento, Cal., and Arthur C. Huston, of Woodland, Cal., for appellant.

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

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

The enterprise out of which this controversy arises is described in Sacramento Sub. Fruit Lands Co. v. Elm (C. C. A.) 29 F.2d 233, and Wellnitz v. Sac. Sub. F. L. Co. (Cal. App.) 274 P. 1016, and the general background of facts is the same. The plaintiff (appellee) purchased, or contracted to purchase, from defendant two separate tracts of ten acres each, at the agreed price of $350 per acre. He was then living...

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