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SACRAMENTO SUBURBAN FRUIT LANDS CO. v. CURTIS

No. 5673.

36 F.2d 923 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS COMPANY, a Corporation, Appellant, v. Harry Justice CURTIS, Appellee.

Circuit Court of Appeals, Ninth Circuit.

December 17, 1929.

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.

This case is similar to Sacramento Suburban Fruit Lands Co. v. Melin (C. C. A. No. 5671), 36 F.2d 907, this day decided.

The defendant requested the following instruction:

"The essence of a cause of action for deceit consists in the fact that the false representations were made with intent to deceive, such intent being a necessary element to constitute actual fraud."

The request was...

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