Sacramento Suburban Fruit Lands Co. v. Miller

This is a companion ease to Sacramento Suburban Fruit Lands Co. v. Melin, 36 F.(2d) 907 , to which reference is made for a more particular statement of the facts. The only specifications of error are four with reference to the rulings on testimony and one assignment of error in overruling the demurrer to the complaint. The first specification relates to the cross-examination of appellee Harry B. Miller. He stated on cross-examination that the company’s agent had explained to them that they employed men skilled in the horticultural and poultry business, and furnished their services to the settlers free. He stated that he had sought the services of the poultry business, and was then asked, “What service -did you seek from him?” This was objected to as incompetent, irrelevant, and immaterial, and the court sustained the objection, ruling as follows: “Nothing founded on any default in connection with poultry service. Objection sustained.” The appellant reserved an exception to the ruling of the court, but did not make any offer of statement showing the evidence sought to be adduced by the question, and hence the ruling cannot be reviewed here.

Two witnesses, A. L. Isenberger and…