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SACRAMENTO SUBURBAN FRUIT LANDS CO. v. TATHAM

No. 5852.

40 F.2d 894 (1930)

SACRAMENTO SUBURBAN FRUIT LANDS CO. v. TATHAM et ux.

Circuit Court of Appeals, Ninth Circuit.

May 19, 1930.

Attorney(s) appearing for the Case

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

Ralph H. Lewis and George E. McCutchen, both of Sacramento, Cal., and Otis D. Babcock, of Sacramento, Cal., for appellees.

Before DIETRICH and WILBUR, Circuit Judges, and NORCROSS, District Judge.

DIETRICH, Circuit Judge.

In its background this suit is like Sacramento Suburban Fruit Lands Co. v. Melin and Companion Cases, 36 F.2d 907 to page 950. It was commenced on September 11, 1928. The plaintiffs (appellees) are husband and wife, and in January, 1924, were living in Minnesota, at which time and place they contracted with defendant to purchase fifteen acres of the Rio Linda tract, near Sacramento, Cal., at $375 per acre...

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