Sacramento Suburban Fruit Lands Co. v. Nepstad

Full title: SACRAMENTO SUBURBAN FRUIT LANDS COMPANY, a Corporation, Appellant, v. N.H…

Court: Circuit Court of Appeals, Ninth Circuit

Date published: Jan 13, 1930

36 F.2d 947 (9th Cir. 1930)

Opinion

No. 5706.

December 17, 1929. Motion for Modification of Opinion Denied January 13, 1930.

Appeal from the District Court of the United States for the Northern Division of the Northern District of California; George M. Bourquin, Judge.

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

Ralph H. Lewis and George E. McCutchen, 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 Co. v. Melin (No. 5671) 36 F.2d 907, to which reference is hereby made for a more particular statement of the facts.

The court instructed the jury as to what constituted a commercial orchard substantially as in the case of Sacramento, etc., v. Nelson (No. 5683) 36 F.2d 929, and in the case of Sacramento, etc., v. Haenggi (No. 5678) 36 F.2d 923, and therein held erroneous.

Judgment reversed.