68 P. 422 | Or. | 1902
delivered the opinion.
The plaintiff, as trustee of A. H. and Cordelia Johnson, brought this action to recover rents under an alleged lease. The complaint avers that in May, 1898, the plaintiff let to the defendant a wharf on blocks 1 and 2 in East Portland, at a monthly rental of $20; that defendant entered into possession thereof, and has since continued to occupy it as tenant; that
At the trial defendant was permitted to testify, over objections, that he told Elliott, plaintiff’s agent, that he desired a settlement with him; that he had quit the business, and wanted to sell to him, or to the man who had rented the wharf, what lumber he had; that he notified Elliott he did not want the wharf any more, and wanted pay for his plank, or to take them away; that at another time he went with a man by the name of Smith to Elliott to rent the wharf, and was told that the box factory had it; and that he went with Smith to the box factory. Charles C. Woodcock, manager of the Standard
The witness Woodcock testified, over objections, that they (referring to the box factory) had logs lying in front of the wharves, and paid plaintiff for the privilege. This was subsequent to the alleged arrangement had by the box factory with the bank. Prior to that time he paid Hawkes for the privilege. Objection is urged to this testimony on the ground that defendant had not pleaded that his use of the wharf has been interfered with; but it was admissible and relevant, as tending to show that defendant had ceased to use, and was not at that time in the occupancy of, the wharf.
Some instructions were asked and refused, intended to present the same questions as here discussed, and error is assigned in this relation; but what has been said renders it unnecessary to consider them.
Affirmed.