Sacramento Suburban Fruit Lands Co. v. Jensen

RUDKIN, Circuit Judge.

This is another of the Sacramento Suburban Fruit Lands cases.

In the present ease exceptions were taken to the instructions given by the court in reference to two witnesses for the appellant and one witness for the appellee. In commenting on the testimony of the first witness for the appellant, the court said: “Moreover, there is testimony that their agent in Minnei apolis made the same representations, LindT say and Fotheringham, and while Fotheringham denies it in his deposition, Lindsay has not been called to testify in respect to the matter. Having made that…