130 P. 408 | Or. | 1913
Lead Opinion
delivered the opinion of the court.
There are a great many assignments of error, but all may be included under a few points.
It is further contended that the price at which the trees were sold by plaintiff was not competent, but the evidence relating thereto was excluded, and the court in the instructions told the jury that the pur
There are other errors assigned relating to the admissibility of the evidence and instructions to the jury, but we deem them unimportant.
After careful consideration of the law applicable to the questions here involved, and a review of the evidence, we find no prejudicial error.
The case was fairly presented to the jury, and, eliminating the $1 special damages, the judgment is affirmed.
Affirmed: Modified on Rehearing.
Rehearing
On Petition for Rehearing.
delivered the opinion of the court.
The opinion will be modified accordingly, and under the provisions of Section 3 of Article YII of the Constitution, as amended (see Laws 1911, p. 7), this court will direct judgment to be entered for that amount, appellant to recover the costs on this appeal.
Modified on Rehearing.
On Petition to Recall Mandate.
(132 Pac. 956.)
delivered the opinion of the court.
The motion is denied.
Affirmed: Modified on Rehearing. Motion' to Recall Mandate Denied.