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,V ,r THE " OREGON; SUNDAY JOURNAL, : PORTLAND, SUNDAY MORNING, MA Y 21, 1811.
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3
i1- h
AGETJTS MUST BE .
iTO COLLECT FEES
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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 $11,000.
Plana-are maturing , for the Improve
ment of this lot with an apartment or
rooming house. Further south on Fifth
street two other parcels changed hands
In the past few weeks at Increased
prices.
South Fifth street has for a Ion time
been at a standstill so far as realty ac
tivity la concerned; but recent trans
actions coupled with the large building
operations under wsy and 'projected bid
fair to make of Fifth street one of
Portland's principal north and south
thoroughfarea
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In the Virginia penitentiary one firm
Is said to have a contract for' the man
ufacturer of shoes, and over 2,000.000
pairs are produced yearly for this firm,
the company paying to the state for the
labor of the convicts 60 cents a day.
SHAW-LOCKE REALTY
REPORTS
1;
SALES
The Shaw-Loek Realty company re
porta the following' real estate transac
tions concluded during the paat II days: ,
Charlee Hall of Hood River took title
to iota 1$ 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
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rama of O'refoi
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L ,'.... :,.v' a n.- .v t
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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
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308 SPALDING BUILDING
Main IE: