Real  Estate   Record





AND BUILDERS' GUIDE.





YoL. XXIY.





NEW YORK, SATURDAY, AUGUST 16, 1879.





No. 59fi.





Published Weekly by

Cbc Jlccil Estate Secarir ^ssodairau.

TERJIS.
O.VK YKAIl. in advance.. ..SIO.OO.
Coniiiiiinieations should be addressed to

C.   IK.  SWEET,
Nos. 345 AND 347 Broadway





DIRECTORY OF VACANT LOTS.
t
Below we give a complete list of all tbe vacant

lots on Fifth avenue, from Fifty-ninth street to
Highty-sixth street, also ou tbe streets between
Thini and Fifth avenues, from Fifty-ninth street
to Sixty-ninth street. It is our intention to ex¬
tend tlii.^ li.st until it shall have covered the entire
upper portion of tbe East and West side of the
city, so that our readers will have at hand
;iii index which will at once enable them to
(leterniiiie the number and situation of every
vacant lot within tbe boundaries named,
rirni AVt:.\ir: fito.-it Kirrv-.N'i.vTir To laoHrv-siXTii

STUKET.

Bet rilllh and OOtb ats—block—2()()x 11)0.

Ik't OOtb and 01st sts—block—•iOOx 100.

SecorO-idst, 1(10x100.

« e cor ('^:5d st, 27.11 x 100.

Bet 0:5d and tilth sts—block—200x100.

•2b.~} u 04th st, T.xxlOi).

H e cor O.'itli st, .50x100.

Hi't ()r,th and OOtb sts—block—200x100.

Bet Ot'.th and OTth sts—block—'iOOxlOO.

Byt OTth and OSth sts—block—200x100.

Bet OSth and 09th sts—block-'iooxlOO.

-N' e cor O'.lth st—.5 lots—lOT.4xlT5.

Bet Tlst and 7^2d sts—block—•204.4x100.

N e cor 72d st, 102.^2xl00.

1(1-2.2 n 72d st, •2.5x100 (with 10 feet alley ou 73d st.)

rJT.2nT2st, 4.5.2x1:10.

K e cor 7;M st, 32xi:J0.

ret 78d and 74tb sts—block—20-1.4x100.

IS e cor 74th st, •27.2x1.50.

27.2 n 74th st, 2.5x1.50.

S e cor Toth st, 102x100.

Bet 7.5th and 70tb sts—block—204.4x100.

51.2 n 70tb st, 1.5oxl00.

N e cor 77tb st—7 lots—178.0x100.

Bet 7Sth and 7(ltb sts—block—204.8x100.

Bet 70th and SOth sts—block—'204.4x100.

Bet SOth and Slst sts—block—204.4x100.

Bet Si.st and S2d sts—block—204.4x100.

T\' e cor S'2d st, 27.2x110.

•27.2 n S^2d st, 150x110.

8 o cor S:Jd st, 27.2x110.

•50.2nS8dst, 20.0x100.

70. S n S:M st, 51x100.

127.S u SM st, 24.0x100.

1.5'2.10 n Sod st, ^2.5x100.

•S e cor S4th st. 2.5.8x100.

102.2 n S4tb st, .51x100.

153.2 n S4th st, 24x100.

S e cor Soth st, 27.2x100.

N 0 cor Sotb st, 25x100.

S e cor SOth st, 25.8x100.

OS i-n-rv-xtsTii stukkt, uetween- thiuu .\nd Kirni

AVEN'Ura.

N s, 100 e .5th av. :l00xl00..5.
N w cor Madisoii av, 25x100.5.
N e cor Madison av, 75x100.5.
i^' s, 75 e Madison av, 15x100.5.

SIXTIETU STREEX.

N s, 100 e 5th av, 300xl00..5.
N w cor Madison av, 20x100.5.

SIXTY-HK.ST .STUEET.

H s, IOO e 5th av, 300x100.5.
S e cor Madison av. 20xl00..5.
N s, 275 e Sth av, 50x100.5.





SIXTV-SECOND STUEET.

S s, 100 e nth av, :300xI()O..5.
S w cor Madison av, 20x100.5.
S s, 100 w 4tb av, 300x100.5.
N e cor Madi.son av, 100x100..5.
N s, 200 e Madison uv, 50x100.-5.

SI-XTV-THIIU) .STUEET,

100e.5thav, 7.5x100..5.

100 e 5th av, •225xl00..5.
cor Madison av, 150xl00..5.
150 e Madison av, :i'2xl00..5.
1S2 e Madison av, 18x100.5.
75 w 4th av, 125x102.2.
100e4thav, 2.5xi:].5.:>.
125 e 4th av, 2.5xi:;2.0,

100 e 4tb av, 25xl00..5.





Ss,
Ns,
Se

Ss,
S.s

Ns,
Ss,
Ss,

N.S,

Hl.XTY-FOlIUTH  .STREET.

S s, 100 e .5tb av, .50x100..5.
S w cor Madison av, 20x100.5.
S s, 20 w Madison av, 100x100.5.
N s, 101) e 5th av, 100x100.5.
N *;, 245 e .5tb av, 80x100.5.
N s, '275 e 5th iiv, 1 •2.5x1 (10. .5.
N w cor Madison av, 20.xl(KI.5,
S s, UIO e Madison av, 125xl00..5.
S s, 20 w 4tb av. 25x100. .5.
N s, 2.50 o Madison av, 5O,xI00.,5.
N s, 100 e 4th av, '25x100.5.
S s, 70 e Lexington av, 75xl00.,5.

SIXTV-FUTlI .STREET.

S s, IOO e 5th av, :J00xl00.5,

S w cor Madison av, 20x100.5.

N s, 100 e 5th av, 2.5xl()0..5.

N s, 90 w Madison av, 100x100.5.

S s, 50 e Madisoii av, .50.^100.5.

N e cor Madison av, 25x100.5.

S s, 100 e 4tb av, 75x100.5.

8 s, 175 e 4th av, 80xl0()..5.

S s, '245 e Lexington av, 15x100.5.

S s, '280 0 Lexington av, 15xl00..5.

S s, 295 e Lexington av, 2.5xI00..5.

SIXTY-SIXTH STREET.

S s, 200 e 5tb av, lOOxlPO.5.
N s, 100 6 5tb av, 200x100.5.
Ns, 100 e Madison av, .50xl00..5.
S s, 100 e 4tb av, 17.5xl00..5.

SIXTY-.4EVE.\TH .STREEr.

S s, 100 e 5tb av, 300x100.5.

S w cor Madison av, '20x100.5.

N s, IdO e Sth av, 2'25xlO(),5.

N .s, 100 e Madison av, 75x100,5.

N s, bet Lexington aud 3d avs.—block,

SIXTV-EItmTn  .STREET.

S s. 100 o .5th av, I2.5xl00..5.
N s, 100 e Sth av, 300x100.5.
N w cor Madison av, 20x100.5.
Ss, 100 e Madison av, 75x100,5.

SIXTY-NISTH .STREET.

S s, 100 e .5th av, 300x100.5.
S w cor Madison av, •20x100.5.
Ns, 175 e Sthav, 1.50x100.5.
N e cor Madison av, 300.x 100.5.
N s, 75 e Lexington av, .'.'00x100.5.





LEGAL DECISIONS.

MECHANICS' LIE.\—husband's   COXTHACT—WIFE'S
NO.V-LIAHILITY.

The Supreme Court of Connecticut has decided
the following question : A hiLsband is life tenant
of certain land and the wife the owner of the fee
thereof, and both live together in a dwelling
house which is erected upon the land.

The husband employed certain builders to
erect two additional buildings of wood on a stone
foundation upon the land. The wife knew that
the materials were being furnished and the work
done, and made no objection thereto. Upon
failure of the husband to pay the contract price
lor the same, the buildei-s filed a lien against tho
property.

The court hold, that tho fee of tbe wife could
not be holden for tho work. As a pre-requisite
to the lien she should hei-self.eitber have made the
contract, or have consented to tbe performance of





the work, after niformation from the builders
that it was not to be done upon the pei^sonal
credit of the husband, but upon tho credit of her
fee, and that this last would be subject to a lien,
in default of payment. It may be assumed that
the structure erected upon the land would add to
the profit of the life use, and it is therefore to be
presumed that the husband was acting solely lor
himself and for the benelit of bis particular estate,
unless it can be shown that the husband was act¬
ing in fact as the agent for bis wife.

Tbe fact that she witnes.sed the execution of tbe
work and her making no objection thereto a,ssent-
ed to its being done, does not impo.se an implied
promise on her part to pay for the .same.

(JAS  KI.XTUUES   A.\D   HEATER   DO   NOT   PASS WITH
HOU.SE.

The Supreme Court of Peini.sylvania has de¬
cided that upon the sale of a hou.se the gas iix-
tures and heater therein, though appurtenant
thereto, are to be deemed personal property, and
do not pa-ss to a purchaser of the property. It
may be shown, however, by p-iro! proof, that
pursuant to a collateral agreement between the
seller and purchaser, tbe gas fixtures and beater
were to pass with the bouse; and this is so not¬
withstanding the fact that tbe contract for the
sale of the .same was in writing. It l.t:, therefore,
advisable in all contracts for the sjile and pur¬
chase of real property to specify what lixtures
or other appurtenances not necessarily realtv
are intended to he included in the contract.





AUCHITECT AXn BUILDER.

Tbe Court of Common Pleas of England has
decided the following:

The plaintiff was employed to build for a com¬
pany a certain hall, and the defendant was tbe
architect thereof, named in the building contract.
The action was brought by the builder against
tbe architect for not using duo care and skill in
ascertaining the amounts to ba paid to :lie build¬
er under tlie contract, which provided, that he
was to be paid upon tlio certificato of the archi¬
tect. The contract authorized the architect to
order additions or deductions, and bound the
builder and tho employing company to leave all
disputes to tbo architect for decision, and .such
decision to be final and conclusive upon the par¬
ties. The plaintiff claimed that tbe architect did
not u.se due care and skill to ascertain in the
manner provided by the contract, Avhat was in
fact tbo net balance payable to the plaintiff, but
that he knowingly or negligently certified for a
much less sum than was in fact the net bal¬
ance payable to the plaintilV in respect to the
work executed, and that by rea.son thereof, he,
the plaintiff, was unalile to obtain paj-nient.

The court held, that tbe action was not main¬
tainable, as there was no direct contract between
the architect and builder, tho former not being a
party to the contract between the company erect¬
ing tbe building and the buildez-, although he
was mentioned therein. The architect having
exercised b's judgment, and given his opinion on
the plaintiff's work, and tlie plaintiff having
agreed in bis contract to be bound thereby, could
not maintain an action for any mi.skilful or neg¬
ligent performance of that duty iu the absence of
proof of fraud on the part of the architect,

LAWS OF NEW YOKK, 1879.

Ax Act to amend chapter nine buudred and eight
of tho law.H of oightetn hundred .and szxty-seven,
entitled " An act for the regulation of tenement
and lodging-houses in the cities of New York
and Brooklyn."

Passed June 10,1879; throe-Ilftlis being present.
Tbe People of tho State of New York, represented
in Senate aud Assembly, do enact as follows :

Section 1. Section thirteen of chapter niue hun¬
dred aud eight of the laws of eighteen buudred
aud sixty-seven, cutilled " An act for the regula¬
tion of tenement .and lodging-houses in tbo cities
of New York and Brooklyn," is hereby amended ao
as to road as follows :
§ 13. It ahall not be lawful hereafter to erect for,