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SACRAMENTO SUBURBAN FRUIT LANDS CO. v. PARKER

No. 5680.

36 F.2d 926 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS CO. v. PARKER et al.

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 appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

This case belongs to the same general class as Sacramento Suburban Fruit Lands Co. v. Melin, 36 F.2d 907, just decided.

In the charge to the jury, concerning knowledge on the part of the defendant that the representations made were false, that the defendant intended that the plaintiff should rely and act upon them, and that the plaintiff did rely and act upon them, the court said:

"It must appear...

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