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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (March 2, 1919)
18 THE SUNDAY OREGOXIAX, PORTLAND, MAE C II 2, 1919. yiOUTION OF LEASE CLOSESTRANSACTIOW Lessee Released From Rent Due After Eviction. SEVERAL DECISIONS CITED Chairman, of Legal Comniittee ol Z'ortland Realty Board. Deals . With, Pertinent Question. BT W. B. SHIVELT. Chairman legal committee Portland Realty Board. Where a tenant, occupying- premises leased by him for a. period of years, is evicted from the leased premises be fore the exuiration of the lease for non payment of rent, may. the landlord Jiold the tenant ;responsible for rents there after accruing under the terms of the lease? . The fupreme court of . the state of Oregon has held that- after an eviction lias taken place the right of the land lord to collect subsequently . accruing rent is -terminated in the cases of Jloumal vs. Parkhurst, 173 Pac .669; Northern Brewery company vs. Princess hotel, 78 Or., 453, 153 Pac 37; Gearin vs. Rothchild Bros., 88 Or., 403, 170, Pac. 923, Yvren Suey vs. Fleshman, 65 Or, 06. 133 Pac S03. . In the Yuen Suey case above cited the tenant held a 20-year lease upon a certain building; after he had occupied the premises for about one year he . failed to pay the rent prescribed in the lease for a period of two months. The lease contained a provision that In the event of the non-payment of rent the landlord might re-enter the build ingr and declare the lease terminated and forfeited. Under such a provision the landlord brought an action of ejectment against the tenant and se cured possession of the premises. In peaking of the liability of the lessee to pay rent after such an eviction, our rsupreme court said: . "This effectually terminated the tenancy and exonerated the lessee from all liability for rent not due at the time of such ouster." Hotel Cane Cited. In the Princess hotel case the tenant entered into an eight-year lease of a certain hotel building and to secure the payment of the rent gave a chattel mortgage upon au ine iurniture, etc. used in connection with the hotel. On a certain date the tenant was- in arrears in the payment of rent to the extent of J3000, whereupon - the landlord, or rather a receiver representing the land lord's interests, took over the posses sion of the hotel and ousted the ten ant. During- certain litigation which then ensued, additional rent accrued to the extent of $2000, making the total ar rears of rent amount to $5000. At this time the chattel mortgage given as security -was foreclosed and the furni ture, etc., sold for $5000, which the landlord endeavored to- apply to the wiping out of the rental arrears. This tfie court refused to permit, holding that the tenant, having been evicted, no charge for rent subsequently accru ing could be legally impressed by the receiver upon the personal property described in the chattel mortgage so as to augment the amount due when the eviction took place and holding that the sum of $3000, due at that time, was all that the landlord could recover. In. Alvord vs. Banfield, 85 Or. 49, 166 Pac. 649, the same rule was applied to a case where the tenant voluntarily surrendered the leased premises and the landlrd accepted same. In this case the court said: "When the relations of landlord and tenant are at an end and the lessee has surrendered the premises and the land lord accepted the same and thus put an end to the lease, so far as the rights of the parties to it are, concerned, all covenants therein in favor of either party are at once terminated, where no cause of action has accrued or ma tured during the life of the lease. In the absence of express covenants to the contrary a landlord, after ac cepting a surrender of the premises', has no cause of action for damages against his former tenant by reason cf diminished rent paid thereafter.' AuthorltT Sustains Dedalon. In commenting upon, this rule of law our supreme court, in the recent case of Moumal vs. Parkhurst, above cited, said that the doctrine "is sustained by the weight of authority." While in the case of Gearin vs. Kothchild Bros above cited, our supreme court held It to be fundamental that "nothing- but a surrender, a release or an eviction can in whole or in part, absolve the tenan from the obligation of his covenant to pay rent. The foregoing should Is of epecial interest to those landlords whose ten iints have given, security for prompt rental payments. In euck cases, if th landlord evicts the tenant for non payment of rent, he will not usually b permitted to reimburse himself .out of the security for rents accruing afte eviction. All rents which have become due a the time of the ouster he may retain the balance he must pay over or ac count for to the tenant. Cases showing the extent of the landlord's interest i each deposits of security will be pre eented in the next report. five-room cottage at 417 Hancock treet, Albina addition, to Mr. and Mrs. Charles P. Cotes, for $1500. Irene J. Zimmerman sold lot 16, block 7, Williams second addition, to 1. L. Ryel for $700. This lot was Improved with an old building which the pur chasers intend to rebuild. Alice Dillon sold a six-acre tract this ide of Oregon City impro J with a good house and outbuildings to Beulah M. Kearney for $850. A .j-acre tract ocated at Kalama. Wash., was sold for Fred - Iinde Newton, an out-of-town resident, to H. Biyings and Mildred minings, this place is adapted to stock- raising and brought $2000. Owen Hol- enbeck bought a five-room modern bungalow located in the Richmond Hawthorn district, described as lot 3, block 4, Van Hoom'ssen, from Mr. and Mrs. Joseph Van Hoomissen. The pur- hase price was $2250. Fred W. Ger man personally sold a seven-room modern house located at 2014 Bast Glisan street to Robert E. Frances and Myrtle L. Frances for $900. OLK BOY GUARDS WILSON Norval Gates of Dallas Member of President's Honor Guard. DALLAS,. Or.. March 1. fSneclal .1 Corporal Norval Gates, a former resi- ent of this city -who went to France a member of L company, was one f the members of the guard for Presi ent Wilson upon the executive's visit HOME DOIAXD HOLDS STRONG Dealer Predicts More Acreage an Farms Will Be Wanted. ' Despite the prediction after the ar mistioe was signed that the deman for homes would slacken, Fred W, German, Portland realtor, declares that havers are as numerous as ever. He anticipates an exceptionally heavy de mand for acreage and farms. The Fred W. German company has made the following sales since January 22: ? Mr. and Mrs. Otto Schumann sold HOT TEA BREAKS A COLD TRY THIS ; BUILDING PERMITS CLIMB PORTLAXD MAKES GAIN OVER JANUARY, 1918. Reports From 152 Cities Show De cline of 12 Per Cent in Value for First Montlr of 1919. Portland is numbered among the cities which scored a gain in building permits during January, 1919, over the corresponding month of laBt year. Three hundred and seventy permits, with a total valuation of $200,080, were issued last month, an increase of 68 per cent over 267 permits, with a valua tion of $126,790, for January, 1918. Los Angeles, Oakland, Berkeley and Spokane were among the other west ern cities to show gains. Seattle, Ta- coma, San Francisco and San Diego registered losses. The total value of building permits for January, 1919, as officially reported to the American Contractor from 162 of the principal cities of the United States, is $23,869,215. As compareh with previous years the total value shows a decline of 12 per oent for the same cities from January, 1918, and a de cline of over 50 per cent for about two-thirds as many cities reporting in E. S. COLLINS PURCHASES MODERN ELEVEN-ROOM RESIDENCE. ft v. HOME AT 877 WESTOTER ROAD SOLD BY ADRIAN JIcCALMAN THROUGH THIS A(iE.i:i OF K. J. DALY, o the troops of the American forces n France on Christmas day. Corporal Gates is in the general headquarters company at Chaumont, France, and will not be able to return to this city with tne remainder of old L company boys. In writing to friends here he stated that the president's honor guard con sisted of 14 troopers and that he was among the number. Articles 700 Years OU Dis played by Pendleton Women. Tax Collection Summons Printed in England In 1746 Exhibited. 1917 and 1816. Compared with normal years before the war one-half as many cities reported nearly twice as much building in January. And to. these facts should be added the considera tion that at present prices, total val ues now represent only from one-half to two-thirds the same amount of building as before the war. If all of these factors are given dire weight, it may safely be assumed that actual building during Uanuary. 1919, is only about one-quarter normal. Again, comparative analysis of the total value and the total number of permits granted in January shows a decided change in the character of con struction. From an average value of about $4000 in January, 1916, and 1917, the average value of permits in Janu ary, declined to about $1700. It is evi dent that for the greater part construc tion is still .confined to comparatively small projects. -Total building permits In January: Cities 1014.... 72 in is . . .10S SPOKANE GROWERS ELECT 200 Orchard and Fruit Men: Attend Annual Meeting. EPOKANE, Wash., March 1. Approx imately 200 orchard and fruit men of eastern Washington and northern Ida ho, representing the 1437 stockholders of the Spokane Fruit Growers' com pany, attended the annual meeting -of the association here today. The fol lowing officers were elected: President, Luther N. Flagg. Otis Or chards; vice-president, E. F. Graves. Meadow Lake; secretary, W. L. Conkey Jr.. Otis orchards; treasurer, W, John, Spokane; assistant secretary, C. J. Webb. Spokane; manager, P. R. Parks, Spokane. Trustees are J. J. Fraser. Benton City; Lee Ferguson. Prosser; Alf Hicks, Apricot, Wash.; W. L. Conkey Jr., Otis Orchards; J. L. Forrest, Otis Orchards; J. A. McMillan, Green Acres, Wash.; D. Thorndike, Pleasant Orchard Prairie, Wash.; A. K. Taylor, Meyers Falls. Wash.; J. C. Syfford. Sanford, Wash.; L. M. Weaver, Spokane; F. K. Williams. Opportunity, Wash.; R. In singer. Spokane; E. F. Graves. Meadow Lake; W. F. Morrison, King Hill, Idaho. 1U1U. PEXDLETOX, Or., March 1. (Spe cial.) Antiques ranging in age from 100 to 700 years, and comprising the first exhibit of its kind in Pendle ton, were displayed here Saturday un der the auspices of the Umatilla chap ter. Daughters of the American Revolu tion, at a silver tea. The oldest relic was a Scotch lamn. known as a "lierht crusie .". which is I n...' seven centuries old. It was brought ian'.'.'.'..'.'''.'.'.'.''mi from Scotland by Mrs. John Vert. An-' 1!1J 12 other antique, which attracted much in terest because of its historical value, was a brass doorknob, taken from Washington's headquarters in New Jer sey, and handed down through genera tions to Mrs. Sylvan Cohen. Antique chinaware figured In the dis play. Genuine Delft plates, 150 years old, .were shown by Mrs. Jessie Failing; chinaware 200 years old, by Mrs F. K. Judd; pfteher. 107 years old. Mrs. A. J. McAllister; and a pewter plate, 150 years old, by Mrs. Mark Moorhouse. A table scarf of wool from the first Merino sheep imported in New England was displayed by Mrs. Mary Lane. Her mother carded the wool 100 years ago and then wove the scarf. It Is embroid ered in hand-dyed woolen threads. A Summons to Jacobus Bruyn to collect Taxes," printed in 1746 in Eng land, and owned by Mrs. George Winne, figured In the collection of old docu ments. 'A Bible, printed in 1815, owned by Mrs. Albert Eklund, and two letters written in 1811, and the property of Mrs. S. A. Lowell, were also exhibited. -lCo-:,atfroml00-U Etsimated Permits value granted, buildinga. $46,447. 4!7 S4.71S.71S ... ...ii fore many days a committee wn . power to proceed with plans will be appointed. Every business house in the city win be asked to decorate. J3.S79 H.T17 5O.4ftO.041 65.illO.:)4!l J7.1VH.S1S S3.SUU.I15 DALLAS PLANS WELCOME City to Entertain- Company Ti, on at Camp Merritt. DALLAS, Or., March 1. (Special.) A movement has been started in this city by a number of business men to prepare a big home-coming welcome for the members of L company, who have just arrived from France after a two years' absence and are stationed at Camp Merritt. The form of an entertainment has not been decided but a banquet, a dance and general merry making are to be included. No perma nent committee has yet been selected but subscriptions for the entertain ment of the soldiers have begun to come In and it Is expected that be THIN PEOPLE SHOULD ME PHOSPHATE Nothing Like Plain Bltro-Phosphate to Put on Kirra. Healthy Klnh and to Increase fttrenigia. Vlg;or and A'en-c Force. Get a small package of Hamburg Breast Tea at any pharmacy. Take a labiespoonful of this hamburg tea, put a. cup ol boiling water upon It, pour through a sieve and drink a teacupful at any time. It is the most effective way to break a cold and cure grip, as it opens the pores, relieving conges tion. Also loosens the bowels, thus breaking a cold at once. It is inexpensive and entirely vege table, therefore harmless. Adv. T.rinYPV Is a deceptive disease IVlli.Mj X thousands have it TROUBLE -I'ntgToiSef cults you can make no mistake by using Dr. Kilmer's Swamp-Root, the great kidney medicine.- At druggists in lars-e and medium size bottles. Sam ple size by Parcel Post, also pamphlet telling you aoout it. Addrens Dr. Kilmer & Co., Binghamton. N. Y., and enclose ten cents, also mention The Portland Sunday Oregonian. Adv. CASTLE ROCK SOLDIER DIES Uncertainty of Xews Leads to Death or Thomas Martin's Father. CASTLE ROCK, Wash., March 1. (Special.) Sergeant Thomas F. Martin. a Castle Rock boy who recently died overseas, enlisted at the first call after America entered the war. He was in several battles, was wounded, gassed and reported wounded severely after returning to the front. Martin, who was a member of the 91st division, was cited for bravery. The young man was a graduate of the Castle Rock high school. The father of Trtomas Martin died from the effects of anxiety over the uncertainty of reports. Pasco Division Head Returns. PASCO. Wash., March 1. (Special.) W. C. Sloan, superintendent of the Pasco division of the Northern Pacific, who has been in service overseas, where he served as a captain, has returned to Pasco and resumed his position with the railroad company. James Shannon, who has served as superintendent dur ing Mr. Sloan's absence, will resume his old position on the Idaho division with headquarters in Spokane. "The Tale of the Turk," -tonight at Westminster church. It's free. Adv. i Judging from the countless prepara tions and treatments which are contin ually being advertised for the purpose of making thin people fleshy, develop ing arms, neck and bust, and replacing ugly hollows and angles by the sort curved lines of health and beauty, there are evidently thousands of men and women who keenly fee their exces sive thinness. 1 V Thinness , 1 a n d w e a k- i n e s 8 are - ; usually due -,in starved . 3 nerves. Our bodies need more phos rVai-.' Phate than Is GEORGIA IUMU.IUN. modern foods! Physicians claim there is nothing that will supply this deficiency so well as the organic phosphate known among -druggists as bltro-phosphate, which is inexpensive and is sold by most all aruggisis unaer a guarantee of satis faction or money back. By feeding the nervw airecny ana Dy supplying the uuuy ct-Ma wun ine necessary pnos phone rood elements, bitro-uhosphate quickly produces a welcome Tra refor mation in the appearance: the increase in weigm irequently being aston ishlng. This increase In weight also carries witn it a general improvement In the health. Nervousness, sleeplessness and lack of energy, which nearly always accompany excessive thinness.' soon disappear, dull eyes become bright, and pale cneeks glow wun the bloom ol perfect health. Miss Georgia Hamilton who was once thin and frail, reporting her own experience, writes: "Bitro Phosphate has brought about a magic trantiormaiion wun me. i gained 1 pounds and never before felt so welL ' CAUTION: Although bitro-phos phate is unsurpassed for relieving nervousness, sleeplessness and general weakness it should not. owing to Its remarkable riesn-growinir properties, be used by anyone who does not desire to put on iiesii. aq, "OWN YOUR HO IN PORTLAND ME 95 -"Set Your Money to Work on Building a Home of Your Own," is the mes sage of W. B. Wilson, Secretary U. S. Dept. of Labor. Portland once more responds promptly to the Government's appeal through its - "OWN-YOUR-HOME" CAMPAIGN BUILD NOW! This is the period of readjustment and idle dollars are as detrimental to tlie national welfare as idle men. BUILDING IS A BASIC INDUSTRY To build a home, aside from the obvious benefits to the home-owner, is id make an important and direct contribution "to national thrift, readjustment and reconstruction. PORTLAND NEEDS THOUSANDS OF HOMES Home-building creates a demand for stone, brick, lumber, hardware, con crete, paint, etc., etc.; money circulates only blood that circulates makes for health. Building absorbs labor. That is of prime importance right now when thousands of soldiers are being released from the army, and industries are in transition from the war to peace gear. Your money, invested in building a home, works for your permanent pros perity and welfare and at the same time renders a not kss tangible service to your country. Put your money to work BUILD NOW. OUR PURCHASING BUREAU SAVES YOU MONEY All Services Free Call at wn Your Horned Campaign Bureau Corner Fourth and Stark BROTHERS MEET IN CAMP Albany Boys, Back From Overseas, Reunite at Tacoma. ALBANY. Or. March 1. (SpeelaO Asa Eastburn and Roy Eastburn. brothers, of this city, both of whom went to France, but who did not meet on foreign soil, saw each other for the first time In more than a year at Camp Lewis last Tuesday. Their father, W. A. Eastburn. local business man and chief of the Albany volunteer fire department, has received a, letter telling of the reunion. Roy Eastburn entered the service at the beginning of the war with the old 5th company, coast artillery corps, of tnis city, and returned from France re cently with the 65th artillery. Asa Eastburn. who enlisted later, rearhed Camp Lewis last Monday with the 46th artillery. For the ten-year period endltiy June SO. 1916. covering the entire time in which records of derelict work have been kept, 268 derelicts have been de stroyed or removed. CAINS 24 POUNDS Was Hardly Able to Work Before He Began Tak ing Tanlac "When I started taking Tanlac I was so weak I could hardly do anytning at all. and It has not only almost made a new man of me. but I have gained 24 pounds besides. said Charles fc.. Shaffer, an employe of the Grant Smith-Porter Shipbuilding company living at 508 West Charleston, street. Portland, Or., the otner day. "A little over a year ago, he con tinued. "I suffered, from a bad case of la grippe that pulled m-down till T wm hardly fit for a thine. 1 lost m v aDDetite and what little 1 man a..-mi to force down soured on my stomach and felt as hard as a lump of lead In me. and t was miserable night and day. Then several weeks so I had an awful attack of tonsilitis that had me so bad I couldn t iw a. bit of nourishment for ten days. and it came near putting me out of business. I felt tired and worn out an the tinio and lost every spark of en ergy I ever had. When I went to bed I would roll and toss so much that 1 never got a good night's sleep: in fact. I . haven't been able to sleep much in the last threo or four years, and I always got up in the mornings feeling Just as bad as when I went to bed. I lost considerable in weight and got so weak and rundown that at last I just had to quit -working altogether. "I read so much about the goo 3 Tanlac was doing others that I de cided to try a botile. I began to pick up right smartly from the very first, and in a little while I had my appe tite back and was eating and enjoy ing my meals, and everything now agrees with me. I get as hungry as a bear in three, hour aiter eating a hearty breakfast, and my food Is building me up something wonderful. 1 sleep like a log all night and get up in the mornings feeling Just fine and dandy. 1 am fast getting back my old-time energy, and flave already got a number of my friends started on Tanlac and expect to keep on boost ing it." Tanlac is sold in Portland by the Owl nnir Co. Adv. ' -Li 'Delightfully Different and Musically the Most Perfect Talking Machine in All the World" 0 Tr?. 0 3Tl Directors of Prominent Life Insurance Agencies Members of Life Underwriter Auocialion of Oregon. Win. Goldman. General Utoafir. NATIONAL LIFE OF VEKAlu.S r. Orcsonlan Bide H. O. Colton, Utntfar. MASSACHUSETTS MUTUAL. Lira. Chamber of Comnwro Bid. K. L. Harmon, General A cant. FNN MUTUAL LIKii. Northwestern Bank Bldr. Horaci Mecklem. Manacr. NEW ENGLAND MUTUAL Lira Northwestern Bank Bids. H. R Albee, General AfenL NORTH WESTERN MUTUAL LIKE INS. CO, Korxowestsra ul( Bids. Sonora instruments will re produce any disc record made with out the use of ad ditional devices of any kind. The Sonora was the first instrument on the market that would play all rec ords. Today th Sonora not only plays all records, but will actually re produce ' them. i"fVJi a-;.,, a 9sV . .. , ,.- 4 1 Sonora Supreme, $1000 Other models as low as $60. There is a Sonora at a price you can afford to pay. Sonora instruments in com petition with all makes of phono graphs at the Pan ama Pacific Expo sition in 1315 was awarded the high est score for Tone Quality. This mark of dis tinction surely will merit your earnest consideration of the Sonora before you decide on a talking machine for your home. Sonora occupies a position in the world of recorded music which is unique. Sonora individuality is commanding in that it will attract the attention of the artistic eye, fulfill the requirements of the most exacting musical ear and will excite the admiration of those to whom mechanical construction appeals. We Invite Your Inspection Bush and Dane Piano Co. Bush & Lane Eldg., Broadway at Alder Dealers in Victrolas and Victor Records, Grafonolas and Columbia Records, and the Exclusive Repre sentatives for the Wonderful Sonora.