Klaffenbach

In its general background this case is similar to Sacramento Suburban Fruit Lands Co. v. Tatham (C. C. A.) 40 F.(2d) 894 , this day decided, and other eases of the group therein referred to. It was commenced on August 15,1927, and the alleged fraud relied upon was committed prior to February, 1921. Plaintiffs (appellees) allege that on or about March 4, 1921, at Muscatine, Iowa, where they then resided, they entered into a contract to purchase from defendant ten aeres of the Rio Linda tract, near Sacramento, Cal., for $2,750, and that they were induced so to do by false and fraudulent representations to the effect that the land was fertile, was capable of producing all kinds of farm crops and fruits of all kinds in large quantities, and that it was of the value of $275 per acre. They aver that because the land was unfertile and underlaid with hardpam it was unsuited for these purposes and that, consequently, it was of a value not to exceed $15 per acre. They still further allege that relying upon the truthfulness of the representations they laid out over $11,000 in improving the. land, and that if it were as represented with the improvements it would now be worth $12,000, but is,…