185 P. 911 | Or. | 1919
Both the pleadings and the briefs have traveled very far afield in this controversy.
Reduced to its ultimate terms the complaint alleges the payment to defendant of $1,500 on a contract for the purchase of a one-fourth interest in defendant’s business at $5,000, a mutual agreement to rescind the contract and a promise by defendant to repay the $1,500 received by him. The alleged fraudulent-representations are merely matters of inducement, explaining why the plaintiff demanded a rescission and could Rave been omitted without impairing the sufficiency of the complaint.
In this case we are bound by the findings of the court below if there is any evidence to sustain them, and have no authority to inqirre into the comparative weight of the testimony. Plaintiff and his wife testified with great positiveness as to the representations made by defendant and there can be no doubt but that if he did malm them they were untrue, and that he could not have been ignorant of their falsity.