Guaranty & Loan Co. v. Ruff

COSHOW, J. —

The ruling of this court on the former appeal is the law of the case in this appeal: Reed v. Hollister, 106 Or. 407 (212 Pac. 367); Wallace v. Portland Ry., L. & P. Co., 103 Or. 68 (204 Pac. 147); Askay v. Maloney, 92 Or. 566 (179 Pac. 899). The instrument constituting the agreement between the defendant and Kaser did not constitute a lien upon the land therein described. If the consideration to be paid Kaser by the plaintiff depends in any way upon the outcome of this suit, then by authority of the decision of this eourt on the former appeal the plaintiff is not entitled to…