72 P. 319 | Or. | 1903
after stating the facts, delivered the opinion of the court.
We think the testimony conclusively shows that from May 9, 1899, to July 1st of that year, Miller fully performed every condition of his agreement to the entire satisfaction of Gross-man, who voluntarily left Medford, hoping that his health would be restored ;■ expecting, however, if he was disappointed in this particular, or if he did not enjoy living- at the home, to return and live with Miller. That he expected to come back is evidenced by the directions he gave Whitehead in relation to keeping his- government bonds, and by what he said to Hooker about the rifle he left with him. Grossman possessed a strong will and was very careful in all matters relating to money transactions, and it is quite probable, if he had been obliged to go to the soldiers’ home, he would have demanded a return of the deed; and his forbearance in that respect is a circumstance tending to corroborate his statements that he was well treated at Miller’s, and to confirm the inference that his departure was voluntary.
It is argued, however, that soldiers whose term of service has