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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (May 14, 1911)
EXPLAINS If ON Four Handsome Dwellings Planned for Upper Drive oh Portland Heights FOIIONS OF APPLE INDUSTRY VALUES SHOWN RATf MIS OF AGENTS Attorney A. G. Thompson's Last Week's Lecture Be fore Y. M.-C. A. Class Deals , With Important Points. Rpsrl tiding. rpu.llntliiK nn.l rntifyiin the nets f mi mt'iii ws ,1B ubjl't of last weeks loruiri' hy Attorney A. O. Thomi'snn lx fore I lie Y. M. C. A. real oMnti- ciss. Mr Thompson's Icrtup! wa In prt tie follows: "It Im not every art of tlir duly auth ored RRont wtili h hinds the' principal. The ugoiit may act outside the scope tf hli authority, or may misrepresent the facts to his principal, or act hs the agent also of the other party, or deal fraudulently with lil principal. In either of these events, the nets of the gent would not necessarily bind the principal and while they would not i- . . . . 11 ways be void as i ne pnunii . would be at least voidable and the principal could rescind, repudiate or re voke them. "If the agent Is given authority to Hell for $5(1 per acre and he finds a purchaser who Is willing to pay that amount and enters into a written con tract then goes to his principal and represents that $40 per acre Is the best price that can be obtained, thus secur ing the principal's consent to sell for $40 per acre, and appropriating to his own use the difference, me ageni would have defrauded tne principal, whereupon the principal would have the right to rescind the contract of Bale unless the positions of the parties had been materially changed. May Be Repudiated. "Or if A., the agent, represented to p., the principal, that the best price at which certain land could be bought was' $50 per acre and Induce B. to enter 'into a contract to purchase at that r price when In fact A. was buying for 140 per acre, Intending to appropriate to his own use the difference, B. could rescind the contract on tha ground of fraud and demand back the money al ready paid on the contract. "Should the purchaser wish to re pudiate the contract to purchase on the around that the agent has secretly re ceived commission from the seller or has secretly acted as his agent, he can do so, but he 'must act promptly and make restitution as far as possible. The principal also has a right to repu diate a contract to purchase or sell land where the same is made subject to his approval. In the event of re pudiation the agent has failed to earn his commission and can not collect the same. But where, the principal takes no steps to repudiate a contract made by the agent and accepts the benefits thereunder, he ratifies the contract and Is liable to the third party for a breach thereof if he afterwards refuses to carry out the contract. On Ratification. "In taking up the subject of ratifi cation, we .must get clearly In mind the statutes of our state in regard to the buying- and selling of real estate. The statute says: 'In the following cases the agreement Is void unless the same or some not or memorandum thereof, . expressing the consideration, be in wrlt . lag subscribed by the party to be charged or by his lawfully authorized agent: 7 an agreement concerning real property made by an agent of the , party sought to be charged, unless the 'authority of the agent be in writingc 8 An agreement entered into subse t Quent to the taking effect of this act (June 9, 1909) authorizing or employ - ing an agent or broker to sell or pur i'enase real estate for compensation or a commission.' "The great majority of the derisions of the supreme courts of the different ; states on the subject of ratification do not consider the law as laid down oy 'our statutes. Most of the states have no statute requiring an agent's author - i ing ine saie oi real property 10 De in J. writing. ' Authority of Agent. 1 "Our neighbor states of California and Washington have statutes requir-v- Ing the authority of an agent to buy ! and sell real estate for another to be tin writing, but have not the statute requiring the agent's authority to enter Into a contract for the sale of real . estate to be In writing. The supreme ''courts of both those states have de ; elded that an oral authorization given to the agent to enter Into a contract for the salt: or purcnase of real estate , for tli principal Is sufficient, although , if thf agent has no written authority to buy or sell for the principal he can Snot collect a commission. In these I states the oral authorization to enter Into a contract for the sale of real property ''givrn hy the principal to the scent Is sufficient. But from the wording of the statute nf our state the supreme court of Oregon will not fol low the decisions as laid down in Call . fornia and Washington. "Tlien If the agent in Oregon enters Into a contract for the sole of real properly and lias not the proper writ i -"v vx xX A y' W' rr I; I - L: V 'Vt t Iri'S-i x I I IN HOOD RIVER Eastern Author Calls It Safe and Sane Occupation; One Fifth of Growers Said to Be College Men. rians are being .prepared In the of fices of Clark & Brlstow; architects, for four unusually handsome and attractive residences that are to be erected this summer on a double block facing the upper drive on Portland Heights. The entire site, containing 17 lots, is to be landsapod and parked, retaining walls and hard surface driveways and walks t tn nd such other Improvements made as will make the property one of the handsomest sites for a group of pri vate residences in Portland. On the extreme left of the picture Is the perspective, of the proposed new home of K. 8. Muckley. As designed. It has strong leaning toward the early English domestic. It has a brick and stucco exterior and is to be finished In native Pacific coast woods. Its esti mated cost is $9000. $8000 Residence. Adjoining the grounds of the Muckley home to the proposed new residence of Mrs. Carl Brown. This house is de signed in modern Oerman architecture, with , tapostry brick find shlnela ex terior. It will contain eight large rooms, reception hall, outside sleeping quarters, pergola terrace and small en tnry porch. The living rooms will be finished in white enamel. Its estimated cost Is $RO00. Third In the upper tier Is a drawing I of what is to be the elegant new home of Mrs. Emma Burton. In architecture this house may be said to be of bunga low type along Japanese lines. It is to be of brick construction and will con tain 15 rooms, besides numerous small apartments. In addition, the basement will contain besides the usual heating plant and laundry, a billiard room, gymnasium and swimming pool. Concealed lighting Effect. Extending on, both sides from the main body, of the house are two wings Inclosing a patio or open courtyard. Art and modeled tile Is to be lavishly used In the floors of the dining, living and sun fooms. Bathrooms are to be done In marble and tile, swimming pool In marble with a tile tank, and all cham bers finished in grays ' and yellows. Among the more Important special fea tures are the specially designed hard ware, concealed lighting effects, Inter communicating telephone system and specially designed and specially exe cuted carving and relief plaster work and tiles. The estimated cost of the house Is $30,000. On the extreme right Is the architect's drawing of the home to be erected by R. E. Brlstow. It Is of the Oraftsman type of architecture. It will have nine large rooms, besides billiard room' and un parlor. The estimated cost of the Improvement Is $8000. 250 PERMITS 10 BUILD ISSUED IN 10 DAYS OF MM Month Starts Off in Record Breaking Manner Total Value Estimated, $612,385 New Structures. Section Une road and Leva avenue, $3000. H. M. Pavldson. two story frame. East Thirteenth between Knott and Brasee, to on. John Lundgien, two story frame. East Twelfth between Boise and Cora, $3000. R. F. Peters, one and one half story cottage. East Sixteenth street near Alns wortlu $3000. I. E. Kenton, one nndtna half story cottage. Clackamas near East Thirty third, $3000 Hilma Pierce, two story frame, Borth wick between Mason and Skldmore, $3000. W. E. Love, two story frame, Mallory i avenue between Emerson and Sumner. $3f,00. (Xscar Olson, two story frame. East Ninth street hetween Tillamook and Thompson, $3000. TELLS PRUNE MEN NOT 10 SELL AT PRESENT VALUES cause of the low prices we have been obliged to sell for in past years, hun dreds of growers have neglected their orchards. In fact have grubbed up their trees until the acreage in prunes Is only about two thirds what it was a rew years ago. PURCHASES HOME IN May starts off In building operations in a record breaking manner. During the first 10 days of the month, there were issued 260 permits with a total estimated vaiuation of $612,385.1 The total volume of permits Issued ln'May, 1910, was 6S8, having a value of '$l, 803,435. If the remainder of the pres ent month holds up as well as the first 10 days has, the record of one year ago will be passed. There were two important building announcements last week and a large number of lesser projects came to light. The most Important development In the building line Involves a new seven story mercantile building to be erected on the northeast corner of West Park and Alder streets by the Woodard & Clarke Drug company. A member of that firm stated that construction would begin some time later in the year and that the building would cost from $90,000 to $100,000. Another interesting piece of the week's news is the announcement that negotia tions are pending for a 60-ycar lease on the property known as the Bishop Scott Academy, which adjoins the Trin ity church property on the soutUand has a frontage of 260 feet on both Nine teenth street and Trinity Place. Wilcox Building. This property is to be taken over, so it is reported, by a syndicate of local capitalists who plan to improve It with four large modern family apartment houses. The steel frame work on the Wilcox building was finished last week and work Is now under way putting In the concrete floors. The Stone & Webster Construction company, contractors on this building, are required under the con tract to complete it within eight months and aro to have the ground floor ready for tenants by August 1. Manager Brayton for the Stone-Webster Co., esti mates that he is now about two weeks ahead on the building. There has probably never been a time in the history of Portland when big building operations have attracted the interwst that Is now being taken in the erection of the Wilcox bulldlrig. The crowd that gathers at the corner of Sixth and Washington streets to watch the progress of this structure is so dense at times that a policeman has to be on hand to keep a passageway open on.pljtth street. Fireproof School. Architect Ellis K. Lawrence has com REAL ESTATE OPERATOR LOCATES PORTLAND Edmund K. Lower, formerly a real estate operator In Minneapolis. Minn., has become a resident of Portland and has Joined the force of Keasey, Huma son & Jeffery. The Minneapolis Journal of a recent date quotes Mr. Lower as follows: "After traveling; over the en tire Pacific coast, I am so thoroughly Impressed with the magnificent oppor tunities that the coast offers for ad vancement In the real estate field that I have decided to locate out here. The grandeur of the climate, the fertility of the soil, the energy of the people and the exceptional advantages and resourc es of the whole country combine to make It the greatest opportunity ever known to real estate men." The Minneapolis paper says that It is safe to say that Portland Is not only a good thing for Mr. Lower but Mr. Lower will be an excellent acquisition for Portland as he Is a real live wire. Continuing, the Journal says: "Mr. Lower is energetic, full of life and mag netism. He has the reputation of being one 'of the best real estate salesmen In the west, and the whole real estate frs ternlty of Minneapolis regrets to see him go." Growers Have-Nothing to Gain and Stand to Lose Big Sum by Contracting Crops Now, It Is Said. POLK DIRECTORY GIVES ABERDEEN 15,715 PEOPLE (Special Dispatch to The Journal.) Aberdeen, Wash., May 18. Accord ing to the new directory being com piled by R. L. Polk & Co., Aberdeen has a population of 15,716, against 13, 660,, given It by the federal census of 1910. It was felt at the time of the federal census that an injustice was done this city, but the protest sent to Washington had no effect. With a heating value two-thirds that of coal, a fuel has been made by Ger man scientists from sudd, the refuse vegetable matter that fills the river Nile in the Soudan. ' Sounding a warning to the prune growers of Oregon and Washington; against contracting their prunes at this early das, James M. French, one of the largest prune growers In southern Washington, says that prune growers who are contracting their pack at tha present prices stand to lose a big sum of money. He believes that prunes are now selling for a much lower price than thev will bring next fall and warns growers that they have every thing to lose and nothing to gain by contracting to sell their crops to the dealers at the prices prevailing now, "This la the first season in 10 or 12 years.' saw Mr. Frencn, "inai mere have not been holdovers, amounting to millions of pounds of prunes of unsold stock of the previous year. ETtrythlng Is Bold. "At the present time there are no prunes in the hands of either the growers or . the packers, everything having been sold several months ago. Heretofore this holdover stock has been In tha way of the new crop and was placed on the market Just ahead of the new crop and naturally the hold ers of the old stock being anxious to dispose of It before the new crop came In, always sold at a very low price and consequently established the' price of the new crop. "There being no old stock in our way this year, we are in a position to make the price ourselves and hold until we get It. Again the prune crop of Cal lfornla is reported to be not more than .two thirds of a crop this year, an California being a very large producer of prunes, which are a month or six weeks ahead of ours, has always been another cause for our not being abl to hold aid demand higher prices for our product. Italian Prunes in Demand. "Then again the increasing demand for our Italian prune, caused by the high class methods we have adopted for the past few years in placing them on the market, has made this prune a special favorite, and consequently In greater demand than heretofore. Anotner reason why our prune should bring good Ttrlces for the com Ing eight or 10 years at least. Is be COUNCIL CREST PARK AJthough a resident of Portland but a few weeks. Manager William Young, -new head of the local office of the R. O. Dunn company, has purchased one of the finest residence sites on Council Crest and will foon Improve it with a magnificent home. Mr. Toung bought the M. B. Wakeman property, in Coun cil Crest Park, for which he paid $7600. This site overlooks nearly all of Port land and the Tualatin valley and com mands aa fine a view as is to be had from the hills west of the city. Mr. Toung plana to build there a modern $6000 or $8000 residence within the next few months. For every ton of gold In circulation. there are 16 tons of silver. The Hood River valley is praised In the current Issue of Collier's Weekly by Arthur Run!, widely known author. who says It was "the label on a box of j fruit on a New York fruit stand that first attracted him to Hood River." His article, which Is Illustrated with pic ture of scenic wonders in the famous valley and of one of the pretty bungs lows with which the valley abounds, is In part as follows: "Hood River has the great advantage of a small, compact area and a popula tlon most of whom are Interested'ln the same thing. The growers consult and advise eaufi other. They talk, eat and sleep apples. Organization was much easier In this homogeneous little com munity than It has been elsewhere. It Is sd thorough that about 90 per een of the fruit shipped Is sent out by the association. "The cost of land and the Intelligence required for success bring naturally to such a place the fit and the capable, Thf re are about (100 growers the popu lation of the whole valley. Including the town. Is about S000 and of these B00, between 200 and 300 have'produc Ing orchards. The others are getting under way. About a fifth are college men, and there Is a university club with graduates bvf Harvard, Yale, Princeton, Michigan, Cornell, Amherst, Williams, Dartmouth, Brown and other Institu tions. Ban and Healthy J,U: . "And it is rather a pleasant future toward which these young men are working. In another five or ten years their loans will be repaid and their orchards paying well. There will be a good road to Portland probably, and It will be a simple matter to run down for a day or two to see a play and get a taste of city life again. From Port land the Wljlamette valley opens south ward, and with a automobile all the California wonderland will be within touring distance. If profits remain what they are now a winter vacation In the east ought to be possible to most of them. And meanwhile they will have had the satisfaction of living a sane and healthy life and producing some thing In return for the living the world gives them, both beautiful and useful. The Hood River valley Is a shel tered, sunny pocket In the Cascades, four or five miles wide and about 20 miles long, extending south from the foothills of the Columbia river to Mount Hood. The little river itself runs down from the mountain's melted snows Into the broad Columbia, and the orchard lands He on either slope of Its lower course. The valley proper lies mostly atvS'n altitude of about 600 feet; above this, beginning ten nr twelve miles Inward, Is the upper val- U. S. Government Issues' Re port Covering Conditions in Few States. The census department of the United States government has Just published a chart of a few states showing the In crease In land values since 1900. They throw considerable light on the much-talked-of dangerous Inflation in land values. Including both farm and city. The following are the official flgureg published by the census department so far: Idaho, 61S per cent; Montana, 894 per cent; South Dakota, 378 per cent; North Dakota, 321 per cent; Colorado, 300 per cent; Oregon, 262 per cent: Ne braska. 231 per cent; Kansas, 188 per cent: Nevada, 163 per cent; Iowa, 131 per cent; Missouri, 107 per cent. The average Increase In all these states la 200 per cent since 1900. It will be seen that Oregon is well down In the list of this small list pub lished, Idaho's Increase being nearly twice that of this state, while Montana, Colorado, both western states, show heavy Increases over Oregon, while even such states as North and South Dakota run practically 100 per cent higher. It the last 10 years Is shown for Call Is predicted that when the Increase for fornia and Washington, the Increase of Oregon land will be the smallest on the coast. Oregon's small Increase, com pared with the balance of the states shown In the table, should quiet the talk of mafiy pessimists and calamity howlers who have been attempting to show that land values In Oregon are too highly Inflated. ley. In whose timber the smooth, culti vated acres of the apple growers are gradually eating their way. These up lands climb for ten or twelve miles further up to an altitude of 2,000 feet. which Is probably about as far as frost will permit the orchards to go. Plenty of Water. The river furnishes plenty of waret for irrigation when necessary. It Is quite possible to do without Irrigation at all, but a certain amount is generally used toward the end of the season when the apples are ripening. Even When the surface soil seems ' dry as wood-ashes, so much moisture has been retained 'from the spring rains by con tinuous cultivating that damp earth can always be found a few Inches under neath, s. In short, here are those manageable conditions which help the Irrigation farmer without the dust and oppres sive dryness of regions actually arid. The rains stop in July and from then on the days are dry and crystal-clear until the fruit is picked. Mount Hood, at one end of the valley, and Mount Adams, across the Columbia, at the other end, send down from their snow roofs at night the cool air which the fruit needs, and from July until No vember the blushing apples receive tha sun, aa the poetess of Hood River has fiut It In her book: "And all Immodest, ong for more." Journal Want Ads bring results. .u - m rileted nlans for a fi'i . nroof school huild ten suthoilty from the principal, the ing uf reinforced -concrete construction prorcipai can noi raury lis acts bo that he win rotftive the benefits therefrom except In writing unlost) an element of equitable estoujile exist. Must Be In W-iting. "As a general r;;e !,,-!, u1P ratlfi f CStion ef the unauthorized ' acts of the agent in entering into a vntrnct for j the sale of real propeity must he In ; writing A proper ratification of the I to be erected by the school board at East Thirty-ninth and Hancock street. This will be the first fireproof, reinforced concrete school house to be erected in .Portland. The plans call for a slx roon; structure with accommodations for 300 pupils but the house is bo designed that two additional units of six rooms each may be erected when required. A permit was taken out last week by unauthorized acta of the atrent will I J- Mayes for a four-story brick apart- ; bind a third party with whom the agent ""'"t house to be erected at the corner '. was dealing unlete tti; yni j party has i uf -l(,venth and Stark. The estimated Prescinded before the .J'at ific.irttori iS1 -As ' cost of the building Is $50,000. ffor example. B , th principal con. I 'ong legation No Van. Zedeck Talmud fstltutes A. his agent, giving i im au Tornh has taken out a permit for a ithor'lty to Pell his' real property, but ; lhre,? fi,0I'y concrete synagogue to be no written authority to enter into a i erected at the southeast corner of Sixth contract for the sale uf ald nr,m,.rt land ilaH stjC!r at a cost of $30,000. - t A. finds a buyer and enters into a writ-' Residence- 'construction as is shown ten contract for the sale of the prop-i My lne Permit record of the week con erty with C. The bu5er, H , hearing of ,lnues 8t nlKh water mark, perinitS of .this, and wishing to consummate the ' ljf'tw't''n s& nd BO new dwelling houses Ideal, properly ratifies- in writing th ! liavlnK bePn lissued "tnce last Monday 5,actS or A. Tne contract would then '"""""B- r uu' iwo-iojujb ui uic pwr. jbe binding on both B. and C. But sup. .pose C. bad Informed A: before B. had , had a oliance to ratify that he would 'not go ahead with the deal. B. now efatlfies. This would have no effect on C, and lie would not bound. fOtof Itoad to Goldwidalc. (Special nurxtch to The Journal ) Klickitat. Wash., May 13. Witllflm nrgmson. western Klickitat's commls alener, has just finished an Inspection tof the proposed road from . Appleton via ,Klickltt direct to Goldendale. He re ports the route feasible. Construction of the proposed road will cut out a dso"s xdrHf from White Salmon n Rnlden.iat ;na win put Camas mits Issued provided for houses to cost between JL'000 and $3000. List of Swellings. The following is a list of the more ex pensive dwellings permitted during the week: Herman Moller, two story frame. East Twenty-fifth between East Clay street and Hawthorne avenue. L.. Rchmulkli, two story frame, East Thlrty-firts street between Tlbbetts and Brooklyn. $5000. C. E. Saunders, two story frame, Bra see, between East Twenty-fifth and East Twenty-sixth, $5000." Mrs. Lydla Ijeabo,' one story cottage, Spnjce near Birch street, $3000. -Mrs. 1. B. Hodnett, one story cottage. 1 rairia DV VlIOll , Ui.rni o c..l UO . V. ,a u onnn PROTECTION ACCURACY SPEED SIMPLICITY ECONOMY CONVENIENCE .... are assured you when you use CERTIFICATES OF TITLE in your real estate transactions . . , . title and trust Company ASSETS OVER -$275,000.00 Lewis Building K, B. Oor. 4t and, Oak A to Business Proposition the Business Men of Portland from a Business Corporation MOSIffi 1W The largest single orchard tract in the Mid-Columbia section, twelve miles from Hood River, situated in the beautiful Mosier Hills, is now divided into five, ten and twenty-acre orchards. One hundred thousand dollars worth of this property sold to some of Portland's shrewdest investors since opening day, April 16 less than one month WHY? WHY? WHY? Ask the Man Who Bought We furnish YOU the best proven apple land in the world-famous HOOD RIVER M OSIER district. We plant the finest varieties of standard apple trees, conceded by the best known experts in the Hood River district to be the best stock ever used for the purpose. We cultivate and bring it into bearing through a period of five years under the super intendency of trfe most ..expert developing organisation in the business. We sell it at a price and terms that enable you to acquire an orchard by a small payment down and extremely small monthlv payments, which cannot seriously affect your needs from your present Income, nor need it interfere with your business or pro fession. - A savings bank that pays bountiful interest, providing you a safe, sure and perma nent income from Mother Nature's generous storehouse in a spot favored by the Creator to a greater degree than any other place on earth, in all the essential things which make happy homes in prosperous communities, amidst scenes of indescribable grandeur! It is to our mutual interest to meet, face to face, so call on us, or phone us, or write us and arrange an interview. Hood River Orchard Land Company (Capital $500,000) . 906-907-908-909 Yeon Building Phones Main 1450 A-6598 Devlin & Firebawh ;.- Selling Agents rami uit. - - - - ""V" Mrs. Jd Carlino. 13a tory cottage, 3 '-:;r