65 P. 18 | Or. | 1901
delivered the opinion.
This is an action of forcible entry and detainer, commenced in a justice’s court, and appealed to the circuit court, where judgment was rendered in favor of the plaintiff. The pleadings are in the usual form. The only witnesses on the trial in the circuit court were the plaintiff and her husband. The plaintiff testified, in substance, that she was the owner of the property in controversy, and had been renting it for about three years ; that on or about August 1, 1900, and while a tenant by the name of Burgess occupied the premises as a blacksmith shop, the defendant informed her that he was going to buy the tools in the shop from Burgess, who meant to vacate the premises, and inquired whether she would lease them to him ; that she told him she could not because she had given the refusal thereof, in case Burgess should vacate, to one Kelley, who had offered her $15 a month rent, and she could not lease it to him if Kelley wanted the property ; that a short time after-wards she asked Burgess if he contemplated leaving, and