112 P. 6 | Or. | 1910
delivered the opinion of the court.
“There are some circumstances attending the transfer of the above-described property to the defendant Ehwegen that tend to support the averments of conspiracy and fraud set out in plaintiff’s complaint, but not sufficient to overcome the positive and sworn evidence of both the defendants, and no conspiracy of fraud is found.”
We are of the opinion that there is sufficient circumstantial evidence to overcome the sworn testimony of the defendants, and, therefore that fraud and conspiracy is proved.
In addition to this, as to Harrington, we think the evidence indicates that he has consumed a large amount of the firm’s assets and profits of the business, but, the amount being indefinite, we fix it at a minimum of $700, and require him to pay that sum to the executrix. The lease having expired since this suit was begun, we make no order as to that, except that plaintiff be allowed free access to the premises for 20 days for the purpose of removing the bar and fixtures.
Judgment reversed. Reversed.