SACRAMENTO SUBURBAN FRUIT LANDS CO. v. HAYES

No. 5707.

36 F.2d 947 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS COMPANY, a Corporation, Appellant, v. Frank L. HAYES, Appellee.

Circuit Court of Appeals, Ninth Circuit.

December 17, 1929.


Attorney(s) appearing for the Case

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

Martin I. Welsh and A. H. Morgan, both of Sacramento, Cal., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


WILBUR, Circuit Judge.

This is a companion case to Sacramento Suburban Fruit Lands, etc., v. Melin (No. 5671) 36 F.2d 907.

The court, among other instructions, gave the following instruction to the jury: "Mr. Morley testified to his efforts on nearby land in Arcade. He tells you about other orchards, Fletcher, Wamser, Harris, and Holmes, all nearby, that they had heavy crops. In his opinion it would grow successfully. These...

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