152 P. 493 | Or. | 1915
delivered the opinion of the court.
“There would be work on these lots [meaning the platted lots and tracts],” and “he said there would be bridges and streets, and he said there would be work at $2.50 a day, and this work was going to start just right away, and he said that he wanted to hurry and get the gardens in, to get them sold, as he wanted to start work on these improvements, as they would employ no one but the purchasers of the land, and we hurried, and that was the end of it.”
Speaking of the.road along the west line of his tract, Marshall said that the agent showed him “that road that they were going to put in there, the road that runs along my west line. He says: ‘ There is water on this land now, but when it is cleared up, you can drain that land in there’ — it hasn’t been drained yet, but it would drain when it was cleared up ’ ’ — and “he said that they were going to drain it up. ’ ’
It clearly appears that the defendant did not harbor any intention not to grade the road along the west line of the land because it did let a contract to Gr. Balliett and Fred Brethauer to clear out the street.
Continuing, the plaintiff explained the allegation relative to Jackson Street and the cement sidewalks, and stated that the selling agent pointed out some cement piled on Jackson Street, and declared “that they were going to build on Jackson Street. * * We
While wooden, and not cement, walks were built, the defendant did intend, when it made the contract with plaintiff, to lay cement walks because the corporation did in fact let a contract for laying cement walks, although the contractor failed to make the improvement.
The plaintiff was first informed of the land by representatives of the Ada Land Company, who gave to Marshall some advertising circulars, and also told him that the land was of the kind known as beaver dam land. Afterward the plaintiff was shown, not only the tract described in the contract, but also other lots and tracts owned by defendant. Marshall testified that the agent, when speaking of the tract in controversy, declared that:
“This land here will grow onions, potatoes, beans, anything that yon are a mind to put in it; anything will do well. It is the richest ground in the State of Oregon. You can grow anything, it don’t matter what you put in the ground; it will produce a good crop.”
The advertising literature placed in the hands of plaintiff contained a glowing word picture of Hillsboro Garden Tracts and fruit lands and, among other things, informed the reader that:
“Every foot of ground in the Hillsboro Garden Tracts is rich, virgin, fertile soil. It is very high in humus. Some of the tracts include beaver dam land.”
It does not satisfactorily appear that the identical tract sold to the plaintiff was represented to bim to be beaver dam land. The defendant had purchased a large body of land known as the Connell farm and subdivided it into lots and tracts. About 40 acres of the
Reversed.