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.