Stevens v. Sacramento Suburban Fruit Lands Co.

Three separate actions are combined and presented for our consideration upon this appeal. The three actions are presented, in part, upon one transcript and argued in one set of briefs. The actions are prosecuted to obtain a judgment for. damages based upon fraud and deceit, alleged to have been practiced upon the respective plaintiffs by the defendant in the sale of distinct and separate parcels of land to the respective plaintiffs, one tract of land being sold to the plaintiffs Stevens, one tract of land to the plaintiffs Layton, and one tract of land to the plaintiff Isenberger. The land involved in the several actions is situate approximately nine or ten miles north of the city of Sacramento, in the district known as and called the “Rio Linda" district.

In 1912 the defendant company purchased a tract of 12,000 acres of land, subdivided the same and entered upon the work of selling the land in tracts of five and ten acres. The purchasers came mainly from the northwestern states. The home office of the company was located in the city of Minneapolis. A local office was maintained in the city of Sacramento, under the charge of a general manager. The Plaintiffs Stevens purchased a ten-acre tract; the plaintiffs Layton and the plaintiff Isenberger purchased five-acre tracts. The complaints in the three actions are practically identical. The respective complaints, in setting forth a cause of action, alleged that the defendant, through its agents, represented to the purchasers that the land was rich and fertile, capable of producing all sorts of farm products; that the soil was entirely free from all conditions and things injurious or harmful to the growth of fruit-trees. It was further represented that the land was well adapted to the raising of fruits of all kinds; that fruit-trees of all kinds

While the defense of the statute of limitations is pleaded in the form above stated, the answers of the defendant contain no allegation of the corporation having complied with the statute relative to the filing with the Secretary of State of the state of California a designation of an agent upon whom service of summons might be made as provided by the act of the legislature of 1917 (Stats. 1917, p. 371, and as amended in 1921 and 1923; Leering’s General Laws of California, Act 1743), a necessary prerequisite in order to toll the statute of limitations.

As the argument upon this appeal revolves around the purchase made by the plaintiffs Stevens, of lot 14 of Rio Linda, Subdivision No. 5, this opinion will be devoted first to a discussion of the issues relating to that action.

The record discloses that prior to the year 1923 the plaintiffs Stevens were residents of the town of Frederick in the state of Wisconsin, and owned eighty acres of land in Bay-field County, in said state, of the value of aboue $1,000, and a Ford automobile of the value of some $450; that neither one of the plaintiffs had ever visited the state of California, and that both of the plaintiffs were entirely unfamiliar with farming conditions, not only in the Rio Linda district, but also with farming conditions in the state of California; that while the plaintiffs were so residing in the state of Wisconsin the defendant furnished the plaintiffs with a booklet descriptive of the advantages of the Rio Linda district, and

The trial court, preceding the signing and filing of findings herein, expressed its views in a written opinion, from which we take the following: “The court is of the opinion that by reason of the thinness of the soil upon the tract of land, and the nature and thickness of the hardpan underlying it, that it is not adapted to, nor will it successfully produce fruit in any considerable quantity. The nature of the soil and the underlying hardpan are of such a character that fruit trees will not mature and continue to bear, but, on the contrary, will wither away and die. The court is further of the opinion that plaintiffs were entirely ignorant of the nature and character of the soil and hardpan on said land, and for knowledge of the same relied entirely upon the representations of the agents of defendant, and that while these agents did set forth in booklets that the soil was underlaid with hardpan, yet by representations they led plaintiffs to believe that the hardpan would in no wise prove a detriment to the growing of fruit. Taking the evidence as a whole, it is apparent that representations were made to plaintiffs by defendant’s agents that the land was well suited to the production of fruit in merchantable quantities, and that after the lapse of a few years the orchards planted and growing upon said land would net a considerable income. These representations were and are not true and

While the contract of purchase was entered into in the year 1922, the plaintiffs did not come to California until September, 1923, and, as stated, had not seen the land prior to the time of entering into the contract.

The record shows abundant testimony to the effect that the plaintiffs relied upon the statements of the defendant’s agents as to the character and quality of the land, and a review of the testimony satisfies us that the findings of the court in accordance with its opinion, and which we have quoted, are sufficiently supported. We may add that in addition to stating that the land was suitable for the raising of all kinds of fruits, commercially, the agent represented to the plaintiffs that while the price, at the time the-negotiations were being had, was $350 per acre, on and after the 1st of January of the following year it would be advanced $50 an acre. A short excerpt from the testimony of one of the plaintiffs of what occurred at one of the interviews had between the agent of the defendant and the plaintiffs, while they were living in Wisconsin, is sufficient to illustrate the character of the representations: “He (referring to the agent) came to our home one evening about 7 o’clock and we were there until about 1 o’clock in the morning, He had photographs, an album of views, taken

Without further reference to the testimony establishing the alleged fraudulent representations, we will content ourselves with the statement that a review of the record satisfies us that the findings of the trial court as to such representations, are sufficiently supported.

The minor point made by the appellant that the testimony does not show the damages allowed by the court, we likewise think untenable. The record contains evidence to the effect that the lot in question was of the value of only about $75 per acre, and also, that had it been of the character represented, it would have been of the value of $350 per acre, which furnishes a basis for the court’s conclusion as to the amount of the damages, and it satisfactorily appears that the court followed the California rule that the damages suffered on account of misrepresentations, are to be ascertained by determining the fair market value of the land as it is, and what it would have been had the representations been true.

The main contention of the appellant is to the effect that the several causes of action involved in this appeal are barred by the statute of limitations. Upon this question the trial court found as follows: That the allegations of the plaintiffs’ complaint to the effect that it was not apparent, to persons not expert in fruit culture, prior to 1927, that the

The record shows that the plaintiffs came to California on or about September 23, 1923; and as we read the testimony it indicates that there were sufficient facts and circumstances discovered by the plaintiffs to put them upon inquiry, some time the latter part of the year 1925, and at least during the year 1926. The action by the plaintiffs Stevens was begun on August 4, 1927. It is strongly insisted by the appellant that the discovery should have been made much earlier, and that there were sufficient facts and circumstances apparent from which the plaintiffs should, and could, have obtained knowledge of the fraud at a period antedating more than three years, the date of the beginning of the action. As said in 16 California Jurisprudence, 501: “In the determination of this question, if it appears that a person has notice or information of circumstances which, if followed, would lead to knowledge, or that the facts are presumptively within his knowledge, he will be deemed to have actual knowledge of the facts. In such case, the familiar rule that every person, who has actual notice of circumstances sufficient to put a prudent man on inquiry, is deemed to have actual notice of the fact itself in cases in which by prosecuting the inquiry he might have learned the fact is applied. The courts, however, do not lightly seize upon some small circumstance to deny relief to a party plainly shown to have been actually defrauded upon the ground that he did not discover the fact that he had been cheated soon enough. Where there is no duty upon a person 'to make inquiry and under the circumstances a prudent man would not be put upon notice, the mere fact that means of knowledge are open will not debar one from relief when discovery is after-

The authorities supporting the text just quoted are exceedingly numerous and need not be cited. The plaintiffs, during all the negotiations relative to the purchase of the tract of land involved, were residents of the State of Wisconsin, a state in which the soil is entirely dissimilar, the methods of cultivation almost wholly unlike those followed in California. One is a state where agriculturists depend upon rainfall; the other, where irrigation is necessary for the success of horticultural undertakings. The Rio Linda district is shown by the testimony to be what is called “upland” territory; it does not lie adjoining any stream of water; irrigation is necessary for the profitable cultivation and raising of any kind of fruit. For successful irrigation there must be sufficient drainage. Whether such drainage conditions exist depends upon the condition of the subsoil, and one unfamiliar with the character of the lands involved in this action could ascertain this fact only by experimentation. The testimony shows that the orchards pictured in the booklets were not upon lands similar to those sold the plaintiffs in these actions. The testimony does show that by experimenting in different parts of the 12,000 acres heretofore referred to as being the tract placed upon the market by the defendant, fruit-trees had been successfully propagated where the soil was underlaid with hard-pan, but that to do so it was necessary to blast the hard-pan. No one coming from Wisconsin where such conditions do not exist, could reasonably be expected to have in mind the necessity of blasting in order to set out a tree. Again, whether even blasting will enable one to succeed in raising fruit-trees depends upon whether sufficient drainage is thereby secured. Further, the testimony shows that it requires two or three years to determine whether a tree will grow. If drainage cannot be had, or is not had, the tree will apparently thrive for a year or two, and then wither and die. It does appear that the plaintiffs ascertained the existence of hard-pan in the Rio Linda district, but as herein stated, were advised

This being an action for damages, and not an action for rescission, the question of laches does not enter into a determination. However, cases having to do with that subject are applicable upon the question of discovery. In the case of Dickey v. Dunn, 80 Cal. App. 724 [ 252 Pac. 770 ] it is said: “Where a purchaser is justified in relying, and in fact does rely upon false representations, his right of action is not destroyed because means of knowledge were open to him (citing Teague v. Hall, 171 Cal. 668 [ 154 Pac. 851 ]), and while it appears that plaintiff visited the property before the transfer was made, the evidence sufficiently supports the finding that he relied upon the representations both as to its value and character. The statements as to the character of the soil and as to water supply were clearly representations of fact. (Citing French v. Freeman, 191 Cal. 579 [ 217 Pac. 515 ]; Stone v. McCarty, 64 Cal. App. 158 [ 220 Pac. 690 ].)”

Again, in Powell v. Oak Ridge Orchards Co., 84 Cal. App. 714 [ 258 Pac. 636 ], on the subject of laches, we find the following: “There is no artificial rule as to the lapse of time or circumstances which will justify the application of the doctrine of laches (citing cases), the question of whether or not a party defrauded has rescinded promptly depending upon all the circumstances of the particular case and being primarily one for the trial court to detemine (French v. Freeman, supra); and if its conclusions thereon find reasonable support in the evidence the reviewing court will not interfere therewith (Suhr v. Lauterbach, 164 Cal. 591 [ 130 Pac. 2 ]). Interference here, under the circumstances stated, would in our opinion be clearly unwarranted, it appearing that plaintiffs acted with reasonable diligence.”

Applying the principle announced in these cases to the Stevens and Isenberger cases, it would be primarily the duty of the trial court to ascertain and determine both discovery and knowledge on the part of the plaintiffs, and whether the circumstances were such as to put the plaintiffs upon inquiry by means of which they could and should have earlier discovered the character and condition of the soil, its unfitness for fruit-raising, and the misrepresentations on the part, of the defendant’s agents.

In Scott v. Delta Land Co., 57 Cal. App. 320 [ 207 Pac. 389 ], in which it was held that misrepresentations as to the productive quality of the soil and the adequacy of the water supply were material factors, a delay of a few days over one year was held excusable. In that case we may say it further appeared that the quality of the soil could only be determined by chemical analysis or by actual experimentation. Hence, there could be no imputation of negligence, because Scott,' a farmer, having been afforded an' opportunity to see and examine the soil, did not at once discover its true character. In the case at bar the plaintiffs, after coming to California, of course had an opportunity to view the lot in question, but could only determine the character of the soil by having an analysis made of it, or by actual experimentation. That the latter course is one which would be followed, and which it was reasonable for a farmer to follow, cannot be gainsaid, and therefore it cannot be held as a matter of law that the plaintiffs were negligent in relying upon experimentation rather than having an analysis of the soil made in order to determine whether it was fit for the setting out and cultivation of fruit-trees.

That the misrepresentations were all material and sufficient upon which to base an action, in addition to the cases listed we may cite the following: Stone v. McCarty, 64 Cal. App. 158 [ 220 Pac. 690 ]; Palladine v. Imperial Valley, etc., 65 Cal. App. 727 [ 255 Pac. 291 ] ; Gammon v. Ealey & Thompson, 97 Cal. App. 452 [ 275 Pac. 1005 ] ; French v. Freeman, 191 Cal. 579 [ 217 Pac. 515 ]; McMahon v. Grimes, 206 Cal. 526 [ 275 Pac. 440 ].

In support of its contention that the actions herein are barred by the statute of limitations, the defendant calls our attention to the recent decision of the Circuit Court of

In the Jensen case, reported in the same volume, page 936, reversal was had by reason of error of the court in its instructions to the jury.

In the Anderson case, reported in the same volume, page 937, the judgment of the trial court was affirmed.

In the Tipper case, reported in the same volume, page 941, the judgment in favor of the plaintiff was also affirmed.

In the principal case of Sacramento Suburban Fruit Lands Co. v. Melin, reported in the same volume above referred to, page 907, it appears that the plaintiff visited the Rio Linda district before entering into a contract of purchase. It appears also in the Melin case that the cause was reversed on account of errors in instructions, one of 'which related to the representation as to the value of the land, the court in the Melin ease saying:' “ In order that a purchaser may rely on a vendor’s representation as to value of the property, it is not sufficient that the vendor has greater information or superior judgment, but it generally must appear that the land is remotely situate, or for other reasons the

A review of the different cases in the volume to which we have referred, we deem unnecessary as the circumstances are different, and as the reversals were had for errors occurring during the course of the trial. We may,-however, refer to the case of Sacramento Suburban Fruit Lands Co. v. Schreindl et al., reported in the same volume, beginning on page 932, wherein it was held not error to give an instruction to the effect that a purchaser, in an effort to discover the fraud practiced upon him, was not obliged to employ experts, or make abstruse and difficult investigations, just as we have stated heretofore in this opinion. It was not necessary for the plaintiffs to have employed someone

The conclusion to be gleaned from the cases relied upon by the appellant is that the circumstances must, in each case, be examined to determine whether the plaintiff, as a reasonable person, should have made prior discovery of the fraud, and that no hard-and-fast rule can be laid down as to the time within which such discovery must be made in order to bar the plaintiff’s right of action. If the facts show that the purchaser, as a reasonable person, had the means of discovery, and should have made the discovery and prosecuted his inquiry leading up to the knowledge of the fraud practiced upon him at a period more than three years prior to the beginning of the action, then the cause should be held barred; otherwise, not.

In the companion case of E. N. Isenberger against the defendant, the testimony relative to representations is practically the same as what we have hereinbefore set forth, but in addition thereto, it clearly appears that Isenberger came to California, ■ first, in December,' 1924. The complaint in his action was filed on August 15, 1927. Three years had not elapsed from the date on which this plaintiff came to the state, and the beginning of his action. The testimony showing that he had no reasonable opportunity to discover the existence of the fraud and did not have any actual opportunity to discover the same, there is no basis upon which the plea of the statute of limitations can rest. The circumstances presented in the case of the plaintiff Isenberger are very similar to the circumstances considered in the case of Nichols v. Moore, 181 Cal. 131 [ 183 Pac. 531 ]. The findings of the court in the Isenberger case are sufficiently sustained, and nothing presented as to this cause seems to merit further consideration.

In the action entitled “John R. Layton and Louise S. Lay-ton”, we have a state of facts which calls for a consideration of whether the statute of limitations should be held to run in favor of the defendant. The record shows that John R. Layton has lived in California ever since 1912; that

The witness further testified that he believed what was told him, and to the question whether that influenced him in any way in signing up the contract, answered: “Nothing, only telling me that it was good, rich, fertile land, will grow all this stuff.” The witness further testified that if they hadn’t told him such things, he would not have signed. The witness also testified that prior to the signing of the

This action was begun on August 11, 1927, five years and eight months after the contract of purchase herein referred to, and after the plaintiffs moved out to the five-acre tract to live. The record also shows that there was some conversation between John R. Layton and a representative of the company, as to being able to obtain carpenter work in the Rio Linda district, in which the witness was informed that the representative thought he could obtain such work. No such work, however, was obtained. The testimony of the plaintiff Louise S. Layton was substantially the same as that of the testimony of the plaintiff John R. Layton.

The record further shows that some time during the latter part of 1923 and early in 1924 the plaintiffs endeavored to sell the tract of land in question and were informed that the price was too high.

While the record shows that the plaintiff John R. Layton had lived in the county of Sacramento for a number of years ; had come in contact with farms where orchards were being planted and cultivated; it does not show that he availed himself of the opportunity to become acquainted with the various soils found in the different portions of the county where he had lived and worked. The price at which the plaintiffs offered their property for sale was less than they had contracted to pay for it and, as just stated, were informed that the price was too high. According to the testimony of the plaintiffs, none of these occurrences caused them to make any inquiry as to the value of the land or the quality of the soil contained therein. The record further shows, as stated by the witness John R. Layton, that in planting trees it was necessary to blast. This blasting was for the purpose of breaking up the hard-pan to permit drainage, and also to permit the roots of the trees to penetrate the soil the necessary depth below the surface to maintain tree life. The testimony further shows that the plaintiffs, while living in Sacramento for a number of years and close to the lands involved, made no inquiry of anyone concerning the same, either as to value or quality of soil, or the adaptability thereof for fruit-raising, or for any purpose. Likewise, the record shows that a number of days

The question presented by the foregoing is whether finding No. 3 of the trial court is supported by the testimony. That finding reads, so far as material here: “That plaintiff did not discover, and could not with reasonable diligence have discovered the falsity of any of said representations prior to February, 1927. ...” While it is true that John R. Layton followed the vocation of a carpenter in California, he had had a number of years’ experience upon a farm in Iowa, and if possessed of ordinary intelligence, gained some knowledge of agriculture, even though it might not have acquainted him with the different quality of soils and their productive powers. However, the plaintiffs had knowledge, in the year 1922, of the existence of hard-pan. That they may not have had knowledge of its unproductive qualities or deterrent qualities may also be true, but having been advised that it would be necessary to blast the hard-pan before setting out trees, and having disregarded such advice and set out trees without blasting, and the trees only living for a few months thereafter certainly constituted a discovery of facts sufficient to put a reasonable person upon inquiry as to the character and quality of the soil, and sufficient to induce any reasonable person to make inquiries as to what should be done in order to profitably cultivate trees, and whether trees could be successfully grown and profitably cultivated upon the five-acre tract. Notwithstanding this, the plaintiffs moved away from the premises and remained away nearly three years, living in Sacramento, only nine miles, or thereabouts, distant, where there were

As stated in the ease of French v. Freeman, 191 Cal. 579 [ 217 Pac. 515 , 518], the fact that the plaintiff visited the premises might properly, in this case, be held immaterial on the theory that the plaintiffs, at the time of the visit, were unable to judge of the quality and character of the soil. In the opinion of the ease just referred to, we find the following: “If the defrauded party is not competent to judge the quality of the land, we do not see that it can make any difference whether or not he actually visited the premises. Assuming that if plaintiff had not visited the premises he would be entitled to rely upon the representations, it would be unreasonable to say that he would not likewise be entitled to rely upon the representations, even though he visited the land, if, as a matter of fact, by reason of his inexperience and ignorance, he was incompetent to judge the quality of the soil.” In the instant case, however, admitting that the plaintiffs were ignorant, for the purposes of the argument, it is apparent that they were advised of what they complain as the “inherent defect” in the land, to wit, the presence of hard-pan, and yet, according to their statements, made no inquiries until some time during the year 1926. There is nothing in the record which shows that the plaintiffs were lulled into inactivity by any act of the defendant, from the time they left the Rio Linda district until the alleged awakening of their suspicions in the summer of 1926. The complaint alleges that lands were sold to others in the same district for the same price, but there is nothing in the testimony or in the pleadings showing that the defendant practiced any concealment in this case relative to the existence of hard-pan, the defect alleged to render the tract valueless. Nor is the statement of the agent of the company, Brennan, that all they needed to do before setting out the trees was to blast the hard-pan, proven to be false.

The case of Nichols v. Moore, 181 Cal. 131 [ 183 Pac. 531 ], an instance of where a number of years intervened between the perpetration of the fraud and the discovery thereof, is readily distinguishable from the facts involved herein. There the plaintiff was living in the state of Ohio; the lands involved were situate in Washington in a timber district; were represented by the defendant to be covered with

In Phelps v. Grady, 168 Cal. 73 [ 141 Pac. 926 ], it is held that: “A party seeking to avoid the bar of the statute on account of fraud, must aver and show that he used due diligence to detect it. . . . Concealment which will avoid the statute must go beyond mere silence. It must be something done to prevent discovery. Concealment must be the result of positive facts. Concealment by mere silence is not enough. There must be some trick or contrivance intended to exclude suspicion and prevent inquiry. The circumstances of the discovery must be fully stated and proved and the delay which has occurred must be shown to be consistent with the requisite diligence.” As the record shows, nearly three years elapsed without the plaintiffs taking any act whatever, or making any inquiry. In other words, the record shows no diligence and no effort to ascertain what they alleged to be the truth concerning the lands involved, and likewise exhibits no act on the part of the defendant, as shown by the case of Phelps v. Grady, supra, necessary to exist in order to constitute an excuse for inactivity on the part of the plaintiffs.

The instant case is, in its essential particulars, similar to the circumstances involved in Sacramento Suburban Fruit Lands Co. v. McNair, 36 Fed. (2d) 950, where it was held that the testimony showed a case which was barred by the statute as a matter of law. In that case the plaintiff testified as to the discovery of hard-pan, but he did not know what it was; that he finally moved off the premises for the lack of money;

From the foregoing we can find no escape from the conclusion that there is no testimony showing due diligence on the part of the Laytons, nor any excuse therefor, and that the finding of the trial court to such effect is without support.

Is the defense of the statute of limitations available to the defendant in this action? The complaint alleges, and the answer admits, that the defendant is a Minnesota corporation and therefore must comply with the act of the legislature requiring the filing with the secretary of state of the designation of some person upon whom service of summons may be made. While the answer of the defendant did not plead the filing of such a designation, as required by the statute, it appears that the defendant did introduce, and there was admitted in testimony, an instrument showing such designation filed with the secretary of state on the twelfth day of August, 1912. While the admission of this writing was objected to as being incompetent and immaterial, it was not objected to as not being within the issues tendered .by the pleadings, and must therefore be considered as though properly pleaded. Following this a stipulation was made in the following words: “It is hereby stipulated that the A. M. Jones referred to in the designation filed with the secretary of state resigned from defendant’s employ in the year 1914, and since such time has not been connected with the defendant in any capacity. Dated, the 18th day of June, 1929.” Counsel for the respective parties stated to the court that it was not intended by the stipulation to include anything further than that A. M. Jones had resigned from his employment, and that the stipulation did not include anything relative to his designation as a person upon whom service of summons might be made. The designation filed with the secretary of state gave the residence at the time of the resignation of A. M. Jones as Sacramento, California. At the date of the trial, and at the time of the stipulation, and for some years prior thereto A. M. Jones had been residing in the city of Fresno, Fresno County. It is the contention of the respondent that when A. M. Jones, the designated agent upon whom service

In S. B. Reese Lumber Co. v. Licking Coal & Lumber Co., 156 Ky. 723 [ 161 S. W. 1124 ], the Supreme Court of Kentucky, in dealing with a like question, held as follows: “Under Ky. St. Sec. 571, providing that all foreign corporations shall have a known place of business and an authorized agent upon whom process may be served, and that it shall not be lawful for any corporation to carry on business until it shall have filed in the office of the Secretary of State a statement giving the location of its office and the name of its agent, and, if the agent shall be changed, notice shall at once be given, service of process on one who appeared as agent in the statement filed with the Secretary of State is a good service on a foreign corporation, even though the agency had been terminated.”

In Germantown v. McCallum, 223 Pa. 554 [ 72 Atl. 885 ], the Supreme Court of Pennsylvania held that the statute “did not require that the registered agent of a foreign corporation should stand in any other relation to it than its agent upon whom process might be served, and notwithstanding such agent had parted with his interest in the corporation or had resigned his office as secretary and treasurer, he remained its agent upon whom process might be served.”

In De La Vergne Refrigerating Machine Co. v. Kolischer, 214 Pa. 400 [ 63 Atl. 971 ], it was held that the designated agent remained such until his appointment was canceled in the manner provided by the statute.

In the case of Gibson v. Manufacturers Fire & Marine Ins. Co., 144 Mass. 81 [ 10 N.

We see no escape from the conclusion that so long as the defendant in this case was doing business in this state, and under the authorities which we have cited, estopped from denying the authority of its designated agent to accept service, if such an issue were presented, it is likewise entitled to the benefit of the statute. In other words, the estoppel to deny is equivalent to holding that the statute of limitations never ceased to run. It may be further observed that there is nothing in the record indicating an intent or purpose, on the part of the defendant, to revoke or abandon the designated agency.

In view of what we have said, the order of the court must be and is as follows:

The judgment in the case of J. S. Stevens and Esther Stevens against the defendant is affirmed. The judgment of N. E. Isenberger against the defendant is likewise affirmed. And the judgment of John R. Layton and Louise S. Layton against the defendant is reversed.

Petitions for rehearing of these causes were denied by the District Court of Appeal on November 21, 1930, and petitions by appellant in Civ. Nos. 4142, 4143 and 4144, and by respondents in Civ. No. 4143, to have these causes heard in the Supreme Court, after judgment in the District Court of Appeal, were denied by the Supreme Court on December 20, 1930.