SACRAMENTO SUBURBAN FRUIT LANDS CO. v. JOHNSON

No. 5692.

36 F.2d 935 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS CO. v. JOHNSON.

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.


RUDKIN, Circuit Judge.

An instruction was requested in this case on the question of intent to defraud or deceive similar to the request considered by this court in Sacramento Suburban Fruit Lands Co. v. Melin, 36 F.2d 907, just decided. The request was refused, and no instruction of like import was given in its place. For this error the judgment must be reversed.

There was likewise error in the instruction on the question...

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