in
THE SUNDAY OREGOXIAN, PORTLAND, ' DECE3IBEE 8, 1018.
DEFRAUDED
BUYERS
CI OBTAIN RELIEF
Three Avenues Open in Case
of Misrepresentation.
RESCINDING CONTRACT ONE
Application to Court for Kcfunding
of Money or Suit for Dam
ages Oilier Two Wars.
-
EV W. P. SHIVELT.
Chairman Cmralit Tortland Realty
Board.
What remedies are available to one
ri.rrinlnl In a real estate transaction
and how toon after hia discovery of
the fraud practiced upon him must he
act to secure the Intervention, vi
courts to reocind the contract or obtain
other relief?
In previous reports we have briefly
reviewed the elements of fraud, the re
sponsibility resting upon a buyer to
Investigate the seller's representations
of fact and the necessity of the buyers
reliance upon those representations be.
fore relief can be obtained by hire
through the courts. .ee Sunday Ore
tomans of October 20 and 2, ISIS.)
It t now Interesting to discuss the
measure of relief granted by courts
In rases where fraud Is shown to have
actually taken place. The legal reme
dies available to a aeiraunea v'
ehaser of real estate are well settled
and clearly defined in this state. Our
Supreme Court in the very recent case
of MeCabe versus Kellcher (Or.).
Tac. 0S. dclded October 13, 11.
enumerates these remedies thus:
n.. 1. ti. kn Induced by fraudulent
representations to txxome the purchaser of
rmrverty has. upon the discovery of the
fraud, three remedies open to him. eltner
ef which be may elect: Ho may reeclnd the
contract absolutely ana sue in
law to recoyer the consideration parted with
upon the fraudulent contract: he may brlns
an action in equity to rescind the contract
and In that action have iuii renei.
i,, what he has received and
brtn an action at law to recover the dam
afri sustained.
In other words, three distinct ave
nues of relief are available to the de
frauded purchaser. First, he may him
.eir rescind tthat is. revoke or can
cel the contract, and upon restoring
to the seller all that be haa received
from the latter, sue him in an action
at law to recover the purchase money
paid: or. second, he may apply to the
court upon its equity side and ask
the court to rescind the contract, order
the purchase money refunded and gen
erally adjust matters so as to restore
the parties to their original positions;
or. third, he may decide not to have
the contract canceled, but to retain
the property and sue in law for the
damage actually suffered by him by
reason of the fraud. In which event he
can recover the difference between
the actual worth of the property and
what it would have been worth if the.
renresentationa made had been true. I
The advantage, if any. of a trial by
Jury can be obtained if a defrauded
buyer chooses the first or third al
ternatives, but not If he chooses the
second. Usually, however, the second
course is adopted as givinr the most
complete relier.
It Is likewise well settled in this state
that while the one defrauded has the
option' of adopting any one of these
three courses of action, he is restricted
to one of them, and that therefore the
adoption of one remedy excludes the
party from following either of the
other courses. Elgin vs. Snyder, 60 Ore.
"97: 118 Tac. 180.
The ouestion next arises, when a
buver discovers he has been defrauded
how long may he wait before deciding
which of the three alternativea ne win
elect to pursue? Must he act promptly
and make his decision at once or may
ha hide his time and speculate upon
which course would be most profitable?
Our Suprems Court has laid down the
rule again and again that he must act
at once If he adopts either of the two
alternatives first named: that is. If he
elects to rescind or ask for a rescission.
As the court said relative to this mat
ter in Seeck vs. Jakel, 71 Ore. 35, 46;
141 Pac 211:
If he desires te rescind he must act
'promptly and return or offer to return what
, he haa received under the contract. He
'r.nnot retain the fruits of the contract
fewaitlnff future developments to determine
whether It will be more profitable for bim
. to affirm or disaffirm It. Any delay on
' his part and especially bla remaining In pos
session of the property received by him un
der the contract, and dealing- with It as his
own. will be evidence of his intention to
abide by the contract.
Anu the court emp.iaslzed Its position
further in Potter Realty Company vs.
,Breltllng. 79 Ore. 293. 306; 155 Pac. 179.
In the following language:
; Rescission demands prompt action on the
part of the defrauded party, and any un
reasonable delay In asserting a disaffirmance
of the contract will be considered as an elec
lion to treat it as continuing and his right
of action will he limited to a recovery of
'the daroagea which he has suffered.
The book are full of cases where
relief has been denied to defrauded
'buyers by reason of their failure to
jtake prompt action to rescind. Any
Ulelay beyond a reasonable time will
iusually be fatal.
.' A different rule, however, prevails
where the buyer adopts the third alter
native and decides to keep the prop
.erty and sue for damages for the
fraud. In such a case, the buyer may
take his tir e and await developments,
and o long as he brings his action
within the statutory prlod of six
years the courts will entertain his
KUtt.
sales of farms near this city and trans
fers of Chchalis city property. One
firm. C. A. Briske & Co., reports deals
aggregating upwards of $40,000. Most
important of these is the purchase of
20 acres rear Forest, seven miles south
east of this city, by Christ Ruby, of
.Minnesota, from Robert Brickey for
83200; sale of the R. C. Molntyre farm
of sO acres near Agate to W. H. Saultz
for 85200; a 87500 deal between Louis
Llrich. of Onalaska and John Pudelka,
of Forest, in arr exchange of properties
exchange of a Newaukum Valley farm
worth 86000 by J. B. Bower to A. Hil
burger for city realty and exchange
of a, farm of 60 acres near Olympia by
Mrs. Charles Beatty to W. I. Bishop for
a six-acre Chehalis Valley farm, total
consideration of the deal being $10,000.
Hood River Property Moves.
HOOD RIVER. Or.. Dec. 7. (Special.)
. K. , Witham. former Iowa grain
rancher, who recently rime here, pur
chasing the 11. B. Allen place on the
West Side, has added 20 additional
acres to his bearing orchard through
the purchase of the Edward B. Winter '11
and C H. Gones places, each of ten II E
acres. C. M. Baldwin has traded his I 1
home place west of the city to William
L. Settlemire. of Portland, for a 15
acre ranch near' Grand Junction. Colo.
Mr. and Mrs. Baldwin will leave this
week ior their new home.
JIMIMIIMIIIIMIIIIIIMIIIIlllllllllllMlhltllllllliiHIIIllMlllllllllllllllllMIIMIMIIIIMIMIIIlHIIMIIIIIIMinillllllMIMIMIMIIM
RICH SELLS FOR S50.003 I
J. H. BECK LEY BUYS PLACE Uf
AVOOD RIVER VALLEY.
Page & Stratton Property ' Sale of!
00 Acres, All Under Irrigation,
Includes Ditch Interest.
!
One of the largest land purchases
in Oregon in recent months has Just I
dc en maae oy j. ii. BecKiey, ata cast
Nineteenth street North, who has ac
quired from K. II. Page, of the produce
firm of Page & Son. the 900-acre stock
ranch in the Wood River Valley. 20
miles from Crater Lake, known as the
Page & Stratton ranch, for a consid
eration approximately 850,000.
Mr. Beckley will stock the ranch
with his large herd of shorthorns and
plans on making It his home during
the Summer months.
"I consider my new ranch one of
the best in the Northwest," said Mr.
Beckley. "The place is in an amas-
ingly fertile region. No failures have
ever been experienced in this valley
by any of the ranchers. This tract of
land is as level as a floor, lying on
a main road and under full irrigation.
In the deal is included a third in
terest In the Wood River irrigation
ditch, known more commonly as the
Milhaze ditch, one of the best water
rights in the state of Oregon, which I
is naturally a great asset.
"This is an easy ditch to maintain.
"It is five miles long, with no flumes
to get out of order, and the water I
runs a full head the year round, as I
It comes from Anny Creek, supplied
by the snow from the mountains that
wall the valley.
"To furnish water for drinking pur
poses, both for the cattle and men, or
for any other purposes, artesian water
can be tapped at any time on any parti
of the place by merely driving a pipe
into the ground for a reasonable depth
and the water will run -Immediately I
at a good pressure.
The cattle on the ranch are in won
derful condition on account of the
abundance of hay that grows there.
Two-year-old steers, raised by Dan
Ryan on an adjoining property, aver-1
aged 1250 pounds each and brought
in excess of 8150 each on the hoof at
the ranch.
Mr. Beckley has been raising cat
tle on the Klamath reservation for I
the last six years, and he finally saw
the necessity of owning his own
ranch, he says. In order to make large
profits. He has been a stockman for
many years, operating in Crook
County before he came to the Klam
ath section. He left Friday to at
tend to business in Klamath Falls.
SPRUCE WORKERS PRAISED
Men Have Performed Duties Faith
fully, Says Y. M. C. A. Leader.
HOOD RIVER, Or., Dec 7. (Special.)
"Never in my life." says Earl Weber,
Spruce Production Y. M. C. A. worker,
of this city, who has been stationed in
Coast county logging camps the past
several months, "have I been with
squarer, more honest, unassuming men
than mountaineer of the South, -who
in great numbers form a part of the
spruce camp workers.
"The most of these men had no idea
where they were going when they
Joined the Spruce Production Division.
They were told that it meant imme
diate service, and they thought that
meant going to France. While their
work has been faithful, they preferred
the use of rifles against the Hun on the
western front to wielding of the ax and
saw in remote Northwestern lumber
camps."
NOVEMBER SALES ARE 1TEAVY
Brik Trade in City Houses and Lots
Reported by Dealer.
Fred W. German, of the Fred W.
German Company, reports a brisk
realty business for November. He
made the following sales during that
month:
Klixabeth Starkell. an out of town
resident, sold lot & block 3 North Ta
bor, to W..H. Gideon, for price of 82000.
George D. Bnes and wife sold lots C and
7. block . Woodmere, for 81200.
May Edwards sold lot &1. block 13,
Albina. to E. M. Fedder. improved with
modern bungalow, for 82800. C. W.
roopr, a non-resident, sold lots 17.
19. 21. block 4X. Irvington Park, to E
A. Constable, for 3650.
Blanche Sheets sold lot 10, block 11.
Brentwood, improved with a three
room cottage, to C. Y. Cluster and wife,
fer $780. Selma Robinson sold to A. L,
Toong. lot S. block 1. Bayard Tract.
Improved with one modern house and
s small house, for 31-50. Elizabeth
Tlarti. of Portland, sold a 160-acre
ranch near Willamina, to . Daniel S.
Rogers, for 31250.
A furnished cottage at Lents was
sold for William Steiger. for 3550. The
property is described as (203 104th
street Southeast. Sam Ansman bought
lot . Mock 2. Kenilworth, from Fred
W. German, for 31250.
LEWIS COrXTY PROPERTY SOLD
Demand for Both Farms and City
Really Continues Brik.
rtirint IS Wash.. Ip T fSneclol 1
"e Considerable activity is reported In
PENDLETON TO ADVERTISE
Commercial Association Decides on
Publicity Campaign.
PENDLETON. Or., Dec. 7. (Special.)
To bring attention to Pendleton as an
Ideal place to spend the Winter and to
make an all-year home Is the purpose
of a campaign Just launched by the
Pendleton Commercial Association. The
details of the plan, still to be worked
out. contemplate billboard advertising,
publicity in the papers of the county
and the Portland dailies, the circulation
of descriptive literature and other
means.
The publicity committee of the club,
which presents the plan, made a show
ing for Pendleton as an all-year resi
dence town that surprised even the pio
neer members of the association.
fcggg? hr (Znnrt Time tnv (Itristmas
-M m y V Ve" Sa" av ty J m mr m w mr m m
Buying Comes This Notable
Many Attractive Pieces of
Furniture
Show Very Exceptional Reductions, With the Ob
ject of Immediate Disposal. Some Listed Here
A 3-cushlon Overstuffed Daven- A $88.50 medium-sized Over-
port . excellent ' quality tapestry stuffed Chair, excellent quality
covering. 2 patterns to select"1 tapestry covering, two patterns
from; or plain green velvet. to select from, to go 4tCtS ff
Originally worth dJ'l'T CH at wUU.UU
$195. to go at.... Jlt.iJU A 70 0ver8tuffed Easjr Chalr
A 3 -cushion Overstuffed Daven- tufted back and arms, good grade
port, medium quality tapestry of tapestry covering. tfJQ f(
covering. 2 patterns to select to go at JTeVH
w'.h" i?-iKlr!far' SI 35.00 A 56 medium-sized Overstuffed
worth $1,8, goat J X aJ.vrvr chair, denim-cover- q7 Cfl
A 3-cushlon Overstuffed Daven- ing, to go at OO 3U
Cr.U' '..ihtlrl1 J wrt A $68 email Overstuffed Bedroom
M S127.50 p;t. $32.50
A $155 Mahogany and cane cush
ion Davenport, loose cushion back, A $41 Mahogany Living-room
blue velvet and brocade covering. Chair, black satin hO'T tZ
Very stylish. To 1 1 O f)f covering Sd I UU
go at wllOUU A ,45 Jacobean 0ak library
A $145 Carved Mahogany base Table, splendid fin- (nn Cfl
Davenport: plain English linen jsn to go at WaCaaOU
covering, plain seat, QC f( '
to go at i993iUU A $ 3 2.50 Jacobean ttOft flfl
A 3-cushlon Overstuffed Daven- . Oak Library Table tJfcvtUU
port, plain antique rose and gold A 349 Tip-Top Mahogany Pie
velvet covering, excellent quality. Crust Table, to go d 1 O TC
Originally p r I ced 1 -I 9 ftf) in this sale at OLO.iO
$138, to go at f i- XaW.UlS
An $87.50 S-cushion Overstuffed A -50. Bla ck -Lacquered Butler
Davenport In neutral color den- e"e with stands, to Q
im, exceptionally tfClS nfi B at
well made, to go at HJJJJ A $52.50 Sheraton Mahogany Tip
A $135 High-Back Fireside Chair, TD Table, to go in dJIQ firt
fine mahogany base covered with this al at W4JW
best quality all-wool tapestry and A $32.50 Jacobean Oak Drop-leaf
black velvet. To CCQ ff Sewing Table, two tf 1 ( An
go at Ji7.UU drawers, to go at.. DxO.VU
A $52.50 Sheraton Mahogany Tip-.. A ' $48 Inlaid Mahogany Tea
Top Table, to go in Cf Wagon, glass trays, tfO'T Hf
this sale at . . O I VmJJ to go at J f .UU
A Varied Collection of
Art Lamps
Priced for Decisive Disposal
A $15.00 Black Wicker Table
Lamp, rose silk-lined GfG 'TIS
shade, to go at PO. I J
A $7.00 Table Lamp, dJO f(
metal and glass, at. . aPe&.UU
An $8.00 Pale Green Porcelain
Bedroom Lamp and ffo OC
Shade, to go at OO.a-O
A $20.00 Bedroom Lamp, gold and
rose porcelain, silk t7 CA
shade, to go at Of 3U
A $35.00 Porcelain Table Lamp,
blended black, roie Ol C Crt
and blue silk shade, O I DiOU
An $18.00 Large Porcelain Table
Lamp Base, three-light flJ'T Cfl
fixture, two colors, at P I .Ovf
An $18.00 Mahogany 1 -rs
Floor Lamp to go atwllilu
A $15.00 Floor Lamp, Zi
ivory enamel, to go at 90. ( O
A $20.00 Antique Oak Chinese
Lamp Base, three-light dj7 "TCJ
fixture, to go at Wl a ( 3
An 38.00 large two-light IvtfTy
Enamel Wood Table Lamp Stand
ard, slightly shop-tfjo 7tt
worn, to go at DO. 9
A $10.00 Medium -Sized Table
Lamp Base, greeny 7C
painted wood, to rp at f O
A $6.00 Small Mahogany Stand
Lamp ua.se, sngnuy 1
shopworn, to go at.
$2.25
A Very Handsome Jacobean Oak
Dining-Rooin Suite
Consisting of 10-ft. Extension Table with apron leaves, large
Sideboard 84 inches long, 2 Arm Chairs and 6 Side
Chairs, Well worth its regular price of ?550. Now
$387
Of Furniture, Drapery and Upholstery
Fabrics and Various Novelty Pieces
Beginning Tomorrow at the Establishment of
Babcock & Peets
, , " Incorporated ...
ELEVENTH AND ALDER STREETS
A timely clean-up that involves a goodly collection of various sample and odd pieces of
furniture overstuffed davenports and easy chairs and other living-room and library
pieces; fine upholstery and decorative materials, and a
number of novelty articles that make worthy Christmas
Gifts a' sale inaugurated for the purpose of making
room for new things constantly arriving. Truly an event
of no little importance and one that for exceptional value
giving and variety rings true in every instance. You'll
get the real significance of this sale by coming here and
acquainting yourself with the character of furniture and
other articles offered. The prices will have a strong ap
peal to holiday gift buyers.
Perhaps Not Again Such an Opportunity as This
in Sample Lengths of
Fine Drapery, Upholstery and
Decorative Materials
Ridiculously low prices prevail. Many imported fabrics in
the lot, particularly good for Shopping Bags, Knitting and
Sewing Bags, Table Throws, Pillow Tops, Chair Coverings
and the like.
1-yard lengths of All-Wool Tapestry, 50 Inches wide, worth
$7.50 to $30.00 yard
Now $3.00 to $14.00 Yard
1-yard lengths of plain and striped Velvets, 50 inches wide,
worth $4.00 to $12.00 a yard
Now $125 to $4.75 Yard
lV4-yard lengths of English Printed Linens, 50 Inches wide,
worth $4.25 to $6.50 a yard
Now $1.25 to $2.25 Yard
1-yard lengths of English Printed Cretonnes, 50 inches wide,
worth $3.50 to $15.00 & yard
Now 75c to $4.75 Yard
1-yard lengths, of French Warp Printed Cretonnes, 60 Inches
wide, worth $3.50 to 89 00 a yard
Now 95c to $3.00 Yard
1-yard lengths of Plain and Striped Cotton Damask, 50 inches
$1.10 to $4.00 a yard
Now 30c to 95c Yard
1-yard lengths of Pal In and Striped Cotton Damask, 50 Inches
wide, worth $2.25 to $6.50 a yard
Now 50c to $225 Yard
1-yard lengths of Sunfast fabrics in silk and cotton, 50 inches
wide, worth $1.50 to $4.75 a yard
Now 50c to $1.50 Yard
Various
Gift Things
Greatly
Underpriced
A $4.00 Art Noveau Flower Hold
er, with glass receptacle, QC
to go at if US.
A. $3.00 Decorated FlatQrj
Flower Holder to go at...fl'
An $8.00 Art Novean Jewel Box.
ivory tint, silk lining, df QC
to go at W ItlU
$8.00 'Book Ends, with clock,
decorated namel, to 2 25
A $12.60 Ivory Enamel Desk
Se elx pieces, to go 75
A $5.75 Cream Enamel Desk
Set, four pieces, to go JJ' EJ
A $3.00 Silver and Gold Floren
tine Auto Flower Hold- tfj ff
er, with glass tube. . . D 1 ivU
A $12.00 White Enamel Clock,
decorated in cplors, to JQ
A $4.00 pair of Candle- tfjl
sticks, shopworn, go at vl mJJ
$5.50 Book Ends, myrtled Cf
wood, to go at D
A $4.50 Mahogany Nut dJO
Bowl, to go at .J
A $2.00 Mahogany NutQC
Bowl to go at fOs.
Of Interest to Furniture Buyers
Many people are finding it both advantageous and profitable to
make their selections of DINING-ROOM and BEDROOM
FURNITURE by catalogue. On account of not desiring to carry
an extensive stock on our floors, we are enabled to offer
inducements in
Discounts of From 25 to 30 Per Cent
in high-grade Eastern lines in Mahogany, Walnut, Oak and
Enamel. We welcome inquiries.
BABGOCK & PEETS
Interior Decorators
Incorporated
FURNITURE
ELEVENTH AND ALDER STREETS
IRRIGATION FUNDS SOUGHT
Tentative Distribution on Yakima
Reservation Arranged.
TAKIMA. Wash.. Dec 7. (Special.)
If Congress appropriates the $718,000
asked for by the Indian Department for
continuation of irrigation and drainage
development on the lakima Reserva
tion Superintendent Holt, of the Indian
reclamation service, expects to appor
tion the fund as louows;
nals. 8500.000; Toppenish-Simcoe proj
ect. $100,000; water payment ior reser
i tinn 000: irrigation maintenance,
$15,000; support Yakima agency. $3000.
The diversion canals will take water
to the Wapato project, which now has
about 60,000 acres under irrigation and
ultimately will nave isu.uuu. xno jup-Denish-Simcoe
project has a possible
maximum of 20,000 acres.
Raspberries Picked In December.
WHITE SALMON. Wash., Dec. 7.
(Special.) A branch containing ripe
raspberries, many blooms and fruit in
formation, picked December 5, was
brought to the White Salmon Commer
cial Club by C. W. J. Reckers. With
the exception of one snow flurry and
two op three frosts the past month has
been like an early Fall. Trucks and
autos are still, operating In all directions.
Keaton Holiday Specials
Beginning December ninth a Keaton Heavy Red Tube will
be given without charge with every Keaton Non-Skid and
European Type Casing. This applies to exchange for old
tires as well as straight sales. Order your Winter equip
ment at once before this liberal offer expires. V
Keaton Tire & Rubber Co.
PORTLAND
Sixth and Main Street
Main 3210
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1 !'' i?5 Vi-VtoVS
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cificMGiiti
-. . ii
ass
nfePoRTLAND
W?5no5pitaHewcom
to -the Stockmen and
from-.our sister .states1
Uns,aG--'fluxv? the reins1
o9oy our at, and enter !
UniTirpass-ed service
ortlanaHotGl
TchardW.Chilir
Manager
This Beautiful
Style XA
Victrola
Only $982
Including 10 (Double) Rec
ords of your own choice.
The wealth, joy and refining
influence of music in the home
is of boundless value.
The tenderest memories of life are the home songs.
The Victrola brings to the home the old melodies the
sweetest and best music in voice and instrument.
It brings the simplest and the best from the world around.
Visit our store see the various models of machines
priced from $22.50 up to $300.
Terms to Please You
G. R Johnson Piano ClL
149 Sixth, Bet. Alder and Morrison Streets
Mehlin, Packard, Lindeman Pianos
Violins, Ukuleles, Guitars
fill
mm
1
r.