Sacramento Suburban Fruit Lands Co. v. C. A. Wagner

In its general features the case is like Sacramento Suburban Fruit Lands Co. v. Tatham (C. C. A.) 40 F.(2d) 894 , this day decided, and was tried below at substantially the same time. The assignment involving the ruling upon an identical challenge to the District Judge’s qualifications is covered by our decision in that case.

Following negotiations with defendant’s agents in Duluth, Minn., where he formerly resided, plaintiff (appellee) came to Sacramento on August 17, 1923, and after a brief inspection he entered into a contract with defendant, on the next day, for the purchase of five acres of the Rio Linda tract for $350 per acre. He alleges that he was so induced by false and fraudulent representations touching the value of the land and its suitability for fruit raising. He further alleges that had the land been as represented, it would have been worth that price but that, because the land was wholly unsuited to the growing of fruit, it was not of a value in excess of $50 per acre. He further avers that relying upon such representations he expended for buildings and other improvements $3,'-900. He offered no evidence of damages under this last item, and touching the value of…