130 P. 1129 | Or. | 1913
delivered the opinion of the court.
In addition to the facts above stated, it appears in testimony that the real estate firm of Devlin & Firebaiigh maintained an office in Hood River, about six miles from the land in question. Attached to this office as an employee was one Frank Chandler, a cousin of the defendant L. M. Bentley. To this cousin as such employee of the firm of real estate agents the defendant L. M. Bentley intrusted the lands in question for sale. Chandler filled out a blank furnished by the firm describing the land as 80 acres composed of 75 acres level and five acres rolling, and giving other
It remains to be seen whether the defendant was also mistaken. As reported by his cousin to the firm of real estate agents by whom the latter was employed, he represented the land to be 75 acres level and five acres rolling. In his testimony, when asked to describe the land generally in reference to the situation and character, he said: “It looked out on the Hosier valley. To the west there is a hill. I would call it table-land. To the north there is another. At the south there is another hill on the south side. The north side and to the east it is canyon. This particular piece of land slopes to the east, is rolling and generally timbered and brush land. ’ ’ In addition to this, some time prior to the commencement of this suit, the plaintiff interviewed Bentley about the situation of the tract, and the latter drew a rough plat indicating the lay of the land showing the canyon on the north side substantially as Chandler had pointed it out to Firebaugh, and as the latter had shown it to his brother, the plaintiff. This plat was admitted in evidence, and its making was avowed by the defendant Bentley. He did not pretend to give the precise location of the lines of the government survey, but he did understand and so state to the plaintiff that the land lay south of the canyon, and that substantially all of it. was comparatively level.
The decree will’therefore be reversed, with leave to the parties to apply to the Circuit Court by supplemental pleadings or otherwise, for such decree as will carry into effect the doctrine of this opinion.
Reversed.