Handler

This is a companion ease to Sacramento Suburban Fruit Lands Co. v. Melin (C. C. A.) filed December 17, 1929, 36 F.(2d) 907 . It involves the purchase by the appellee of a ten-acre tract of land in the Rio Linda district from the appellant for the sum of $4,-001 on the 27tli of March, 1927. The allegations of fraud are substantially the same as in the Melin Case; the statute of limitations is not involved; the same experts as to value and as to soil conditions testified in this ease as in many of the other cases. Among other witnesses Mr. Herbert Davis testified as an expert on soil conditions, and gave the result of his analysis of the soil, and the defendant introduced testimony of F. E. Twining and A. L. Hyde, who also gave their testimony as to the chemical contents of the soil.

Herbert C. Davis, testifying for the appellee, gave as the results of his analysis, potash, 5,160 pounds per acre foot. Hyde gave 5,600 pounds acid soluble potash per acre foot; and Twining gave 5,600 pounds acid soluble potash per acre foot. Davis gave 1,280 pounds of phosphoric acid per acre foot; Hyde gave as the result of his analysis 1,600 pounds acid soluble phosphoric acid per acre foot; and…