The Oregon daily journal. (Portland, Or.) 1902-1972, May 21, 1911, Image 15

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The Oregon daily journal., May 21, 1911, Page 15, Image 15

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Newspaper Page Textt ' ' " ,V ,r THE " OREGON; SUNDAY JOURNAL, : PORTLAND, SUNDAY MORNING, MA Y 21, 1811. ' 1 3 i1- h AGETJTS MUST BE . iTO COLLECT FEES ' -1 Law of Oregon Regarding Rea Estate Transactions Is Ex plained to Y. M. C. A. Class by Attbrrtey A. Q. Thompson , . That an agent muit be the proourlng cause of the aala before ha can cqllect a commission under a contract to sell real eetart, waa declared to be the law In Oregon by Attorney A. a. Thorn peon in a lecture recently delivered by him before the Y. M. C. A. claee In vireal e- tate law. Mr. Thompaon'a lecture dealt entirely with the agent aa the procuring cauae ana tne conditions under which commie rone are earned. Ho aald In part a rouowe: . Proourlaf Oaoaa. "The agent, before he acquires a right to a commission, muat either be the . procuring cause of the aale or have an Irrevocable agency contract or a contract Stipulating that. If the property la sold within the time by the agent another agent or by the principal, the agent will be entitled to a commission. A contract with an agent for the term of 10 days to sell realty providing that at such time aa a aale shall be effected a commission shall be paid does not i give the agent a right to collect com mission on a sale by the owner unee alsted by the agent within SO days. He would not be the procuring cause and his contract does not enable him to eolleet a commlaslon upon a aale by the principal. 'The supreme courts of many of the states have held that finding a .cus tomer with whom the principal con eludes a contract of aale doea not give the agent any right to a commission un less the agent waa the procuring cause. What Oaoaa Mean a. I "The supreme court of our atate haa held that an agent must either be the procuring cause of an actual sale or that he haa procured a purchaser ready. willing and able to buy upon the terms named by the vendor before he ia en titled to a commission. This being true, It becomes Important to understand what the term procuring cauae means. "Should the duly authorized agent find a purchaser and Introduce him to the principal and the prospective pur- cnaser ana tne principal then oonsutn mates the deal and the agent does noth ing further, he would be the procuring cause. The agent need net spend his time running here and there with the eeller and purchaser; he need not do anything toward gttlng the abstract Or helping correct up the ssme in the mat ter of securing affidavits, quit claim deeds or other Instruments. "On the other hand. It Is .not Indis pensable that the purchaser should be introduced to the owner by the agent nor that the agent ahould be personally acquainted with the purchaser. Oases In Folnt. "If A, ths agent, ahould advertise a piece of real property and X, the pros pective purchaser, ahould make Inquiry through the mall. and A should,' by let ter direct X to B. the owner, whereupon X and B meet In a distant city or In some other office than that of X make the bargain and close the deel,"X's ef forts would have 1 been' the procuring cause. But suppose A meets C ,Me say a nothing to X about B'a property. By chance A Introduces X to B. Later X through other aources than A laams thht B will Sell. X and B now enter into negotiations and , oloae .the deal. Here A wss not th procuring cauae. Or again, ' auppose A . went , to B ' and obtained authority) in writing from B to sell a certain corner for a certain price. A, the agent,; puta the same up to X. Then X makes an. offer to B through A, the agent v B refuses. X now sends C, hie agent, who. offers B his price and the da! Is closed. The supreme court of the state of New Tork haa held , that A waa not the procuring cause In, the tranaactlon and was not entitled to col lect commission. ; , .fj. ,v- I HUM to CMavlaslon. li r "la' determining 'whether or not the agent waa the procuring cause it must affirmatively appear that the purchaser is induced ' to " apply to the owner through the . meane employed . by the ! agent These may be various and sub tie in their nature, and U through any of them he becomes the procuring cauae hla right to a commission will not be affected by the circumstances that the owner, wes . Ignorant pf it at the time he entered Into the contract with the purchaaer. Aa for example, the agent may have Inserted an advertisement In regard to the property In a distant news paper and the prospective purchaser may have gone direct to the owner with out Interviewing the agent ualng other information than that contained In the advertisement to locate the owner. If a deal Is made the agent la atlll the procuring cause, although the buyer. during the negotiations may have never mentioned .the agent'a name or referred to the original source of his informa tion, and -the seller may not have known that the agent had anything to do with the transactions, other than having an agency contract for the aale of the same." IIKCOMKEDI Work was started thla week by Mor gan, niedner Boyce, on the .new three story aricg building to be erected on the southwest corner of Hawthorne av enue and East Sixth street ttor Fred 8. Stanley, Robert Smith and Whitney I Boise.- This property was recently taken on a long loase'Yrom Thomas Hle lop, who, haa been the owner for many years and who haa lived to see ; that location changed from' a pasture to a vary Important busineas center, , This quarter block adjoins the Heller block on the east, and has a frontage of 100 feet on the south elde of Hawthorne avenue, which will be dlvtdled Into alx storerooms. The second and third floors and a portion of the East Sixth street frontage will be divided Into three room apartmenta, the plans showing a very convenient and economical arrangement. The buUdlng will eoat about ISO.OOt and it la expected to have It completed by September. 1, HOMPSON BUYS THREE NEW HOUSES STARTED IN BELMONT Friday last the contract tor bltullthle pavement in Beaumont's first Improve ment district waa awarded to El wood Wiles. In the sum of about flOO.OOf. lasi weea witnessed ma starting oi three additional houses In Beaumont; five more will be begun during the com ing week. One will ooat $4800, another 13500, and still another 14200. Sidewalk laying In th addition la In full awing, Eaat Thirty-seventh and Bast Forty-second streets being the first thoroughfares to be aldewalketf and paved. GLISAN STREET HALF ACRES PUT ON MAKE R.H.T SITE FOR NEW GARAGE R. H, Thompson haa purchased the quarter block at the southwest corner of Fourteenth and Couch streets aa site for a three story garage and auto mobile salesroom for the Speedwell Auto company. The property was pur chased from, George Lawrence Jr., who waa paid $50,000 for it. Mr. Lawrence bought the quarter 'less than a year ago for S3S.000. The property la a portion of the Isaao Lawler homestead. Hartmaa ft Thomp son negotiated the deal. WILSON APPROVES RAPID SPREAD OF COMMISSION FORM (Continued from Page Two.) "Gllaan Street Half Acres" Is the name or a new subdivision to be put on the market tomorrow morning by the realty firm of JHartman Thomp son. This property la located two miles eaat of Montevllla In the district penetrated by the Mount Hood railway. It loina "Fordham," the tract Just aold out by this firm. the city, who are expected to choose their own subordinates, organise the various departments of the city govern ment under their own Immediate dlrec tlon, and give the people what they demand a businesslike, nonpartisan,' economical, efficient government. Five or alx men the people can watch and hold responsible. More than five or alx would escape their notice and would constitute a crowd which they could not follow with their applause or their cen sure. Vot a mate tn lOniature. "The eecond thing manifest In the new form of government la that It abandons the new idea with which we so long de ceived ourselves, that a city government Is practically ' a atate government In small, which must have lta carefully separated executive and legislative branches. Of courss there is an anal ogy between the power of a city council to pass ordlnanoea and the power of a atate legislature to pass statutes, but the ordlnanoe making power Is rather regulative, not legislative, and the city la a great administrative organisation, not a miniature copy, of the government of a atate. Hitherto, moreover, we have not been content wjth drawing careful lines between executive and legislative aotlon In our city governments! We have sought to multiply checks and balances as elaborately as possible. It baa been favorite device to aet up Independent boards of ftnanoa , which ahould nave control of the moneys of the city and determine how much , the ' various da partmente of the city should be per mltted to spend. W have had water board and gas board . and board of publlo worksvand board of every una, each with lta independent set Of powera. each with its Independent ' derivation front the vote of the people, and bav seemed almost of aet purpose ta mum ply the cogs and Jealousies and pollings hither and thither of a. system which ought, in order to work effectively, to have worked In harmony aa a unit and not aa a system of rivalries and aua plcloa ohecks. , , Oat . Away the angle. If we are, aa now aeema probable, to follow along -the lines upon which we have atarttd rn the matter of our city governments, It I evident that we are going to benefit ourselves greatly by alvtng up our ancient Ingenious art of creating ambushes and Jungles in wnicn our politicians can play hide and seek with us. The thing which the aetute politician should most desire Is that authority ahould be as much subdivided aa possible, that each officer should have a function so obscure that nobody could have the time or -the curiosity to watch htm. that there ahould be no are tem of central control, that no one of fleer should be subordinated to any oth er officer, and that above all there should bs Independent elections to the several placea to be filled. Thla de lightful confusion constitutes the most admirable opportunity for management and contrivance and private combination Imaginable. Anything that simplifies the system of necessity purifies It be cause simplification means that there are no hiding placea for schemes and framed-up' combinations. ti EN ACRES ON BARNES ROAD BRINGS 0.000 Ten aores of elevated land fronting on the Bamea road and near tne mil property belonging to the Macleay es tate, waa sold last week by A. L. Mlok- elson to J. H. W. Wilson for $10,000. A force of surveyors la now In the prop erty subdividing it Into residence sites. The streets are to be contoured and the platting will closely follow the undu latlng character of the land. It is estl mated that the tract will subdivide into t residence sites. Trite safe was ne gotiated by the National Realty A Trust company.' The same company reports the sale of a group of nine lota In block 20, In Laurelhurst to O. W. Priest the well known residence builder. The consid eration Involved waa $11,600. Mr. Priest ' will Immediately begin the erection of nine modern $5000 f.o $7000 homes, one to each lot on Ms new acquisition in Laurelhurst Work of excavating for the houses Is now under way and the intention la to have them all completed by fall.' Thla company also reports the eale a new aeven room house on Mult nomah street near Peerless Place. In Laurelhurst to W. H. Treece for $0000. J. F. Roller, a recent arrival from Virginia, haa purchased from N. P. Buah six room dwelling house located on East Fifty-second street and Haw thorne avenue, for $4000. Journal Want Ads ftrtng results. CONTRACT, LET FOR FIVE NEW COTTAGES , 1 a H. P.'Barnhart ha let contracts for the erection of five modern 1 story cottagee on East' Forty-sixth , street near Tillamook, In Rose City Park. Mr. Bartihart ha Just aold to Pearl M. Lodt a seven room bungalow located In the same block for $6(00. He la the owner of eight other lota In the eame vicinity on which ha plans to build houses this summer. Ths . quarter block located at the aoutheast corner of Eaat Twentieth and Salmon atreet In Weetmoreland, has been purchased by .Walter McOovern tor $1700. Thla property Is located but a short distance from the grounds of the Reed Institute. Mr. McOovern plana to improve the site with a hand some private resldenoe. LYLE BOOSTERS HOLD ING I ETING The Lyle Commercial club held the argeet meeting tn lta existence last Saturday at the Woodman hall, Lyle. The extra attendance was brought out by the fact that this was the first meet ing of the club slnoe the opening of the townslte. . D. E. Keasey and C. H. Lehman ad dressed the meeting and told them of the many large developments assured for Lyle. Ths ladies provided a basket lunoh and one of the most enjoyable meet ings In ths history of the club was had. Secretary H. J. Clark, whose vaduahle services have done so much toward making the work of the Commerlcal club successful regretfully presented his resignation, a call to a larger field. with Inducements so generous that ha could not afford to Ignore them, com pelling hla resignation. Work on the townsits Is progressing very rapidly, the new overhead viaduct spanning the North Bank track con necting the north and south sections of the townslte being now under way, ten car loads of timbers already being on the side tracks ready for work. A large force of men have been engaged end are preparing for the street work. The engineers under Chief Engineer O. A. Kyle have almost completed the plat ting of the townslte. The brick deposits adjacent to Lyle will be opened at once and both common brick and face brick will be manufac tured. The One Hundred Barrel Flour- ng Mill which has been trying to secure location In Lyle for several years, but was unable to purchase property haa at lapt closed a deal with the twonslte managers and will Immediately' proceed to Install a modern up-to-date mill. cated at- th northwest corner of Fifth and Madison streete, whtoh Is to be used aa the site for a three or four story brick building of the combination store and hotel type. - This property la across Fifth street from the city haJL ' It waa sold by tn Portland Trust Company, which held th title a trustee1. , The consideration in volved .waa $5$i00. . The Stewart-Fry Realty company negotiated the deal Thla Is the third sale of near-ln Fifth street propsrty reported during the past xo dsys, The last previous transaction tn Fifth atreet realty Involved a 0x0 foot lot at the northwest corner of Fifth and Clay "Which waa aold by F. E. Beach to ML K. Leo and associates for $11,000. Plana-are maturing , for the Improve ment of this lot with an apartment or rooming house. Further south on Fifth street two other parcels changed hands In the past few weeks at Increased prices. South Fifth street has for a Ion time been at a standstill so far as realty ac tivity la concerned; but recent trans actions coupled with the large building operations under wsy and 'projected bid fair to make of Fifth street one of Portland's principal north and south thoroughfarea 1 i In the Virginia penitentiary one firm Is said to have a contract for' the man ufacturer of shoes, and over 2,000.000 pairs are produced yearly for this firm, the company paying to the state for the labor of the convicts 60 cents a day. SHAW-LOCKE REALTY REPORTS 1; SALES The Shaw-Loek Realty company re porta the following' real estate transac tions concluded during the paat II days: , Charlee Hall of Hood River took title to iota 1$ and 17, block II. Council Crest Park, from Frank Powsra; consideration $1500. Mr. Hsll also bought lot t. block 1. in Council Crest Park, for which he paid $3000. On two of the lota he plana to build a handsome reetdence for hla own occupancy, and the other ,wlll be held for an Investment , v ;! , Tract I In Kll worth Half Acre waa sold to A. Phllpott of Nam pa, Idaho, for $1000. Kll worth Half Acrea Joins' the city limits on the eaat and ta on the propoeed Mount Hood Railway line. D, J. Hauck of Kansas city purohased from D. B. Keater lots 1 and 1. in block 6. Belle Crest; consideration $1100. Mr. Haurk plana' to erect two-modern resi dences on thle property at one. ' Representatives of fifty Jewish or ganisations In Boston have banded to- ' tetter to ralee $10,000 for establishing cooperative bakeries. Thla la a step to aid In securing an eight-hour day for members of the Hebrew Baker!' union i i ii i ) i i -fa . SEUFERT PURCHASES SITE IN FIFTH STREET T. J. Seufert the oanneryman at The Dalles, but now a resident of this city. losed a deal last week for the pur- rhsse of a 14 lot parcel of land, lo- "TRUSTS 99 TITLE AND TRUST COMPANY acts in all matter requiring the fervicei of a trutte. Pnrchtter of real' estate may deed their property to this company and have the same held in trait for their benefit Non residents and persons nnable to rive proper attention to the details of handling their property will find" our trust department of great service. The holding of titles m trust for syndicates or indi viduals is convenient and Inexpensive. The company tke rare rtf all details relative to handling the property. In cases where the property is owned by a syndicate this method prevents the tying up of the title in case of the death of any member. XT A thorough investigation discloses the many advantage lsl arising from hsving a dnry authoriied trust company act as trustee. .Only experienced men are employed whose whole time is given to the work in this department We are glad to explain details to those interested. TITLE W MIST COMPANY ASSETS OVER $275,000.00. Lewis Building, N. E. Corner 4th and Oak Sta. G t Into tls C. TH) You who are seeking an opportunity to combine brains, industry and small capital to produce big profits will find such an opportunity in S uaiseic tmot ir arasuie fetal H ' It is impossible for us' to tell of all the advantages of Sunset Poultry Farms in this ad. For full particulars, write to or call at our office. i iiniett Pajll ' " c ,' ' rama of O'refoi i ii il - . . - , .. . ' 1 ) to $7B : . .. :.. x. rv. ,.t. L ,'.... :,.v' a n.- .v t : . ' ' .. 'f. i A.-. Vr . ; .,v ; ."' f Poultry-raising here offers wonderful opportunities and outdoor life in a delightful climate. ', 7 SUNSET POULTRY FARMS are miles from Oakland, Oregon, the acknowledged poultry center of the state. The climatic conditions here are the most favorable for successful poultry-raising. SUNSET POULTRY FARMS have a gentle southern slope and are ideal tracts, having been selected with' much care by our' expert. SUNSET POULTRY FARMS will have a fine water system and electric light. ' r- We have arranged for an expert poultryman to remain on our tract for a period of twd years tcj teach the purchasers of Sunset Poultry Farms the poultry business in all its branches, free of any charge. This fact, to gether with the low cost of our tracts, offers you an exceptional opportunity to secure a start in the poultry busi ness on a very small capital. 5 and 1 0-Acre Tracts Per Acre, on Easy Terms i Mm. i Fonlta Farms Com Originators of Exclusive Poultry Colonies - 308 SPALDING BUILDING Main IE: