Dixon v. Fox

Plaintiff alleged that plaintiff and defendant entered into an agreement whereby defendant agreed to warrant to plaintiff the title to the premises free from all building restrictions, except such as are provided by ordinance of the City of Portland for zone 2 of that city. The burden of proof rests upon plaintiff to prove that allegation. We think plaintiff has failed to adduce the proof. Accepting the evidence adduced by plaintiff for its full value it fails to prove that defendant agreed at any time to convey a title warranting the right of plaintiff to construct an apartment house on the…