Peter Barceloux Co. v. Buffum

SAWTELLE, Circuit Judge (dissenting).

Many of the assignments and specifications have not been prepared in accordance with the rules of this eourt. Repeatedly there has been failure to “quote the full substance of the evidence admitted or rejected” to enable one to make an intelligent ruling without having recourse to the transcript and even to the exhibits. While a federal court would be technically justified in disregarding such faulty assignments and specifications altogether, I have preferred to waive formal defects and considered all the specifications except one.

On the other hand, the…