Kral

This is one of a group of cases submitted together here in which the plaintiffs recovered judgments for alleged fraudulent representations made by appellant to induce them severally to purchase divers tracts of land in the Rio Linda district, near Sacramento. In its background and some of its aspects the ease is similar to Sacramento, etc., v. Melin (C. C. A.) filed December 17, 1929, 36 F.(2d) 907 . Below there was a judgment against the defendant company for $8,000 and costs, from which it prosecutes this appeal.

Appellant assigns eleven errors, those of which concerning the various proposed instructions are ruled by the Melin Case, and one relating to the comments of the court upon the testimony of the witness Traxler, which, for want of appropriate exceptions, we cannot consider.

The court, in its instructions, discussed the testimony of the witnesses. After referring to Mr. Davis, one of the plaintiff’s witnesses, as an agricultural specialist, nearly two pages of the transcript are devoted to a discussion of his testimony. Among other things it is said:

“He quotes you authorities, men who have made a business of writing and teaching on the subject. * * * -He tells you…