64 P. 760 | Or. | 1901
after stating the facts, delivered the opinion of the court.
Mr. Wilkins is not borne out in detail by the subsequent proofs. Mrs. Gerhard and her son both testify that there was no agreement entered into between her and him for the sale of the lot, except on the day before the deed was executed ; that the $200 was paid at that time, and the deed and mortgage executed the next day; that he approached her some two weeks prior thereto regarding a purchase of the lots in the interest of some Portland party, and spoke of the likelihood of a hotel being constructed thereon, if she would sell, but that no terms were agreed upon until the day before the date of the deed. Phile says that there was some talk of constructing the hotel prior to1 the time he conveyed, but that he came to no agreement with Wilkins touching the lot until about the time the deed was executed. It is shown by other testimony that 6,169 feet of lumber was deposited in the alley back of the east half of lot 8, which adjoins the Phile lot then owned by Wilkins; that the lumber was delivered under an arrangement with Wilkins to furnish it for the construction of a store building on his lot; that some time prior to the thirteenth of 'November Wilkins changed his plans and made arrangements for the delivery of other lumber suitable for the hotel building, and on the thirteenth another consignment was delivered, perhaps in the street opposite the Wilkins lot, or it may have been opposite the Phile lot. Two other consignments were delivered prior to De