Reports of Cases Decided in the Supreme Court of the State of Oregon Volume . 102
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...raised thereon during the year; and that the defendant was to furnish the teams necessary for the work. The plaintiff avers that during said month of March, 1915, he plowed and planted twenty acres of the tract to oats and about April 1, 1915, the defendant with force ousted him from the possession of the land, destroyed his growing crop and prevented him from plowing and planting the remainder of the tract. The plaintiff claims to have expended a total of $237 for seed and labor. Concluding his complaint, he says that "by reason of the wrongful acts of defendant, as herein complained of, plaintiff 's growing crop was lost; also the money he had invested in seed grain, as well as his labor in plowing, preparing the seed-bed and planting his crop. By reason whereof, plaintiff has been and is damaged in the sum of $1,000." All the allegations of the complaint are denied by the answer, except-the leasing. The substance of the answer is, that after the plaintiff had plowed, harrowed and seeded approximately eighteen acres, the contract was rescinded by mutual agreement of the parties, in consideration of the defendant's agree-ing to pay the plaintiff the reasonable value of his labor in plowing harrowing and seeding the land, together with the reasonable value of said seed, in pursuance of which the plaintifi surrendered the premises to the defendant and relinquished any claim he had to the crop grown on the land during the year. The answer claims that the defendant paid the plaintiff in full for all his work, labor and material. The new matter of this pleading is denied by the reply. The end of the litigation in the Circuit Court was a judgment for the plaintiff, from which the defendant appealed. 1-3. At the trial G....
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