138 P. 840 | Or. | 1914
Lead Opinion
Department 2.
delivered the opinion of the court.
This is a suit for an accounting. The plaintiffs contracted for the purchase from one Emmett of a tract of land containing 13.5 acres for the price of $540, and in the fall of 1902 paid thereon $100 and interest. They allege that in February, 1904, they contracted to purchase an adjoining 13 acres from the said Emmett at the price of $55 an acre; that they are husband and wife, and that defendant is the father of the plaintiff Nettie Williamson; that plaintiffs had made default in payment on the purchase price of the first tract of land, and Roberts gave them the money on February
Neither the findings of the trial court in regard thereto nor any statement of the account is contained in the record or in the briefs. The evidence is very indefinite as to what items of the account are controverted. No definite dates or figures are given except in defendant’s journal (exhibit 4), other than as to the price of the crop for the year 1906. Defendant’s book shows there was a balance due him from the Williamsons of $468.07 on April 22, 1906, for advances made in the year 1905, over and above the value of the hops for that year, and during the year 1907 defendant advanced to plaintiffs, in excess of the amount received for the 1907 crop, $139.47. We accept these figures as correct. On February 12,1904, defendant advanced to plaintiffs to pay interest to
Roberts in Account With Williamsons, Dr.
1906.
Nov. 15. To 10,010 pounds hops at 15 cents.....$1,501 50
Less advances made for crop......... 927 09
- $ 574 41
Interest from November 15, 1906, to November 21, 1910.................................... 184 73
1910.
Nov. 21. To proceeds sale of land...................... 3,965 00
$4,724 14
Contra, Cr.
1906.
Apr. 22. By advances in 1905 in excess of crop.......... $ 468 07
Interest to November 21,. 1910................ 172 34
1908.
Jan. 10. By advances in 1907. in excess of crop......... 139 47
Interest on same.....................'........ 34 17
1904.
Feb. 12. By check advanced to pay interest to Emmett... 148 60
Interest on same............................. 83 21
1904.
Feb. 15. By amount on the first tract of land.......... 440 00
Interest on same............................. 246 40
Mar. 11. By amount paid on second tract............... 715 00
Interest on same............................. 373 24
$2,820 50
Balance due Williamsons November 21, 1910.... $1,903 64 Interest to February 9, 1914.................. 487 10
$2,390 74
—which is the amount for which defendant is indebted to the plaintiffs.
The decree of the Circuit Court will be modified accordingly. Modified.
Rehearing
On Petition eor Rehearing.
(HO Pac. 633.)
delivered the opinion of the court.
Therefore the case upon the accounting is not here for retrial, and the former decree of this court will be modified by affirming the decree of the lower court.
It-is so ordered. Affirmed on Rehearing.