Sabra

Dayton Rubber Mfg. Co. of Delaware v. Sabra

Good Law
63 F.2d 865·1933 U.S. App. LEXIS 3601
United States Court of Appeals for the Ninth CircuitMarch 13, 1933No. 6954California893 words

Opinion

Lead Opinion

Wilbur, J.

This ease -has been before the court on two former occasions. 31 F.(2d) 9 ; 38 F.(2d) 452 . The present appeal is from a judgment rendered upon the trial of the action in so far as it affected the rights of the defendants Mrs. K. Sabra and Mary E. Wiritermute, as administratrix of the estate of her deceased husband, whose husband, with Mrs. K. Sabra, were guarantors of the obligations of the defendant John Sabra to the Dayton Rubber Manufacturing Company of Delaware, appellant. The case was tried and the jury rendered a verdict in favor of appellant for $1 damages and $500 “attorneys’ fees and expenses.” Judgment for that amount followed. The Dayton Rubber Manufacturing Company appeals from tins judgment.

There are thirteen assignments of error; nine of them assign error in the giving of certain instructions. The only exception taken by appellant to the instructions is as follows: “Wo would like at this time to object and to savo an exception to the following: Defendants’ requested instructions as given, numbers 3, 5 and 6, as they relate to the figures therein quoted; and 6, 7, 8, 9 and 10' in so far as they relate to the question of agency.”

These exceptions were insufficient…

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