147 P. 391 | Or. | 1915
delivered the opinion of the court.
On the issue raised by the pleadings of whether or not the plaintiffs directed the payment of the note out of the proceeds of the collection, the only testimony in the record is favorable to the contention of the defendant. The court, however, made findings and rendered judgment for the full amount claimed, without even deducting the balance tendered and taken from the custody of the court by the plaintiffs. There is no evidence to support such a judgment.
Much was said in the argument about the harsh language of the judge in characterization of the defend
The judgment is reversed. Reversed.