90 P. 487 | Or. | 1907
Opinion by
The correctness of the findings of-fact and conclusions of law herein must be determined in the main by the proper legal construction to be placed upon the written contracts of the parties, namely, the contract of June 28, 1902, between defendant and O. A. Palmer for the sale of the timber, and that of July 10, 1902, between defendant and the Portland City & Oregon Railway Co. for a right of way through defendant’s premises.
The second and third findings of fact are unquestionably supported by the evidence. It would have relieved the case, however, of much confusion and perplexity, if the written contracts made by the parties had been inserted in full in the findings, leaving the legal effect thereof to be stated in the conclusions of
These legal deductions having been correctly and substantially found and stated by the court in conclusions 1 to 6 inclusive, and disregarding the seventh, which is erroneous, and the eighth and ninth, which are immaterial, the findings are sufficient to support the judgment, which necessarily should be affirmed. Affirmed.