171 P. 894 | Or. | 1918
The defendants are not entitled to a reduction of the amount due upon the face of the note unless the plaintiff made the alleged representation. Hamlin purchased the premises in 1901 for $3,000. He made substantial improvements, including a house, a bam and about five miles of fence.
Each of the defendants says that the plaintiff represented that there were 80 acres of bottom land, while the plaintiff denies making such a statement. The plaintiff asserts that he told Jeff I). Tharp “there in the house that I bought it from Emmett for sixty aeres, and I didn’t know whether there was that much or not.” The plaintiff is corroborated by his daughter-in-law Mable Hamlin and by his wife Elba Hamlin. Further corroboration of the plaintiff’s version is furnished by L. C. Pauli who testified that in the spring of 1914 Tharp told him that “he bought it for sixty acres of bottom land.” Jacob Wanley worked for Tharp in the spring of 1915 and this witness stated that he and Tharp were going up the bottom one day, “and I says how much bottom land have you, and he says, sixty acres.” In November, 1915, Jeff D. Tharp offered to sell the place to F. A. Meinhardt for $10,000 and “said he had sixty acres”