139 P. 852 | Or. | 1914
delivered the opinion of the court.
In the complaint it appears that the plaintiff was the owner of a tract of land in Coos County, which he says he was induced to convey to L. F. Smith by reason of fraud, misrepresentations, undue influence and
There was some question in the testimony about whether the plaintiff voluntarily left the home provided for him by Smith with Olson, or was compelled to leave. But in the absence of pleading as between him and Olson this question could not be properly settled. It is one thing to defraud a grantor by means of false representations whereby he is induced to enter into a contract the covin of which is evidenced by the subsequent refusal to perform the covenants in his favor, and quite another thing to make a contract in good faith, the performance of which is abandoned by either party. The covenants in the deed to Olson, being for the benefit of the plaintiff, could be enforced by the latter in his own right. If he authorized them to be made, or knowingly ratified them, the other parties to the same are' not to blame if he voluntarily and without cause abandoned his rights under them. These questions are merely suggested for the reason that, as between the Smiths, Olsons' and