Sacramento Suburban Fruit Lands Co. v. Anderson

RUDKIN, Circuit Judge.

This is another of the Sacramento Suburban Fruit Lands eases.

The first specification of error is based on an order overruling a demurrer to the complaint. The demurrer was a general one for want of sufficient facts, and we have already held that such a demurrer does not raise the defense of the statute of limitations (Code Civ. Proc. § 338, subd. 4) under the California practice. Sacramento Suburban Fruit Lands Co. v. Tipper (C. C. A., No. 5701) 36 F.(2d) 941, just decided.

The remaining specifications of error are based on instructions given by the court, or on the…