Loucks

This is a companion case to Sacramento Suburban Fruit Lands Co. v. Melin (No. 5671) 36 F. (2d) 907, filed herewith, to which reference is made for a more particular statement of the facts. The appellant presents eleven specifications of error in his brief. Nine of these relate to the instructions given to the jury. These specifications of error cannot be considered, for the reason that the exceptions to the charge do not show the ground of the objection thereto. The refusal of the court to give appellant’s proposed instructions as to the statute of limitations was proper (see companion cases). The appellant specifies error in the overruling of the demurrer to the complaint. It is argued that the appellant failed to explain the nondiscovery of the alleged fraud before the beginning of the three-year period of the statute of limitations. The statute was not pleaded in the demurrer, and for that reason the demurrer was properly overruled.

The next specification is that the court erred in sustaining the objection to the question propounded to the witness Schoi. The witness was asked whether or not he obtained certain indorsements shown in the prospectus of the appellant. This is…