Columbia University Libraries Digital Collections: The Real Estate Record

Real estate record and builders' guide: [v. 89, no. 2310]: June 22, 1912

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June 22, 1912 RECORD AJSHD GTJIDE 1353 LAW DEPARTMENT. Enjjineep na Arbiter On August 17, 1906, John J. Young entered into a contract -with the City of Ne-w York for the regulating and grad¬ ing of Washington avenue, in the Bor¬ ough of Queens. This contract -was a-warded to Young on proposals after competitive bidding upon printed speci¬ fications which were made expressly a part thereof. The expense of the public improvement in question was to be met by assessment on the. property benefited thereby. The street in question was to he graded between Vernon avenue and Academy street. Over a portion of the route there was considerable excavating to be done to bring the street to the pre¬ scribed grade. For a considerable distance the street, some sixty feet wide, passed over low- iying marshy lands, parts of whieh were covered with water at hig-h tide. The surface of the street as graded was con¬ siderably above the level of the marsh over -^v'hich it was to be carried by a causeway or embankment of earth. The contract was a unit contract; that is, the work was divided into respective units for which respective prices were fixed in accordance with the quantities embraced in each unit. The proposals for bids stated these units approximately only, and provided for approximately "S0,000 cubic yards of earth filling (furnished)." The contract as awarded to Toung con¬ tained a clause that he should be paid "for all emba.nkment, in excess of exca¬ vation per cubic yard, the sum of ninety cents." It appeared on the trial that when the contractor came to construct the embank¬ ment within the street lines across the marsh large quantities of the deposited material sank below the surface of the marsh, and upon which further deposits were required until the embankment be¬ came firmly bedded and was carried to the required grade of the street. The contractor and his assignee, the plaintiff, rlaim that tbe measurement for purposes rif payment should be from the bottom nf the embankment, where it found a firm base, to its top, where it reached the general grade of the street; while the city eng-ineer certified only to a measurement of the embankment from the former sur¬ face of the marsh to the grade of the street as completed. In so doing the en¬ gineer considered certain clauses of the specifications as controlling on this point, and unless his interpretation of said clauses is palpably erroneous—for by the contract he was made the arbiter of all controversies arising from claimed am- bis-uities. The Appellate Division of the Second Department has just held in this case that -where, pursuant to the terms of :± regulating and grading contract, the en¬ gineer is made the arbiter nf al! contro¬ versies arisin.a- from claimed ambiguities in the contract, his interpretation of its clauses, unless pa.lnably erroneous, is conclusive. It was further held after a consideration of the clauses in question, that the action of tbe engineer was right and tbat the complaint ^-as properly dis¬ missed. -—Pollowing closely on the recent suc¬ cessful sale of the Van Cortlandt estate holdings, it is announced that there Is to be a sale of 479 lots in the same general location, but just beyond the city line. The nroperty to be offered is known as the Murray estate tract, having its prin¬ cipal frontage on McLean avenue. The .^aie will begin at twelve o'clock sharp on Saturday, June 29, and will tae held under a large tent. ^Thomas .7. O'Reillv has secured from the New Y'ork Life Insurance Company for Paterno Bros, (.Joseph Paterno, presi¬ dent and treasurer) a permanent loan of 51,130,000, for a term of five years, at 5 per cent, on the biock front on the west side of Broadway, between 115tb and 116th streets. The plot was acquired hy Paterno Eros, from the Clark estate a couple of years ago, and improved by them with two high class 12-story apart¬ ment houses. —It is understood that within a week or so applications are to be filed at the Queens Building Bureau for the .erection of over .^100,000 worth of model dwellings for workingmen in a section that is about to be developed for factories and homes for the workingmen. —The permits sought for private dwell¬ ings last week in Queens were the small¬ est in number for the entire year. ' Apartment Rents in Paris. There are apartments in Paris (I mean "flats") rented for as much as $20,000 a year—which is close enough to New Tork's present limit of $22,000. They are, of course, in the Avenue des Champ Elysees, which means a good deal in terms of dol¬ lars and cents. A first-rate apartment, in a good part of Paris for Americans, with all of the American conveniences, can be had for from $1,000 to $3,000 per year. A fairly good fiat, in the same' superior quarter, can be had for $800, but it will face a courtyard only, and will be small and dark. These flats, renting at from $1,000 to $3,000, will be smaller than simi¬ lar New Tork apartments in number of rooms. The rent will not include heat, light, telephone, or constant elevator serv¬ ice. The servants' rooms will be detached in the distant, unchaperoned, and un¬ healed attic. There will be no servants' bath, no mail-chute, no intercommuni¬ cating telephone and no adequate central heat. The New Yorker pays, all other things heing equal, no more for his housing than the Parisian does, while he has many more conveniences, and many more ways of reaching the ci^y hy the numerous transportation lines. Add to this the al¬ most unlimited choice and range of prices •possible in New Tork, and the balance is very much against the French. In Paris the apartnient hunter must take what he can find or stay in the pension with the inquisitive spinsters. In New Tork he can pick and choose according to street and light and quarter and convenience— a dozen different landlords competing for his tenancy, and all within whatever limit he sets upon his rent appropriation. And this is why it is easier to be housed In 'New Tork with the all-round dignity which has regard not only to oneself, but to those one comes in contact with in life, than it is in Paris, all other things being equal.—James Edmund Dunning In "Re¬ view cf Reviews." DIVIDEND NOTICE. Fulton Trust Company of Keiv York- 149 Broadway. N. T. City, June 20. 1912. 40th Conseeiitiv* Seni'-.4nrninl DiTiilenil. By resolution of the Board ot Trustees a (iividend of Five Per Cent, is payable on July 1 Ji)12, to Etockliolders of rpcorii st the close of business 3 P. M., June 24, 1912. Charles M. Van Kleeck, Secretary. Wants and Offers AM Defective and Unmarketable Titles Cured under Torrens System Real estate owners are now^ resisterinp; titles under Torrens Lnw^. Consultation Free. MATTHKW J. WHKELEHAN, OF¬ FICIAL EXAMINER, 220 Broadway. Tel. 2024 Cort._______________________________________ YOTTNG married m.-in, thoroughly famil¬ iar with tlie care and management of ten¬ ement and apartment property, desires Dositlon in an established reai estate of- fice: American. BOX 77. Record Se Guide, YOUNG MAN, 23, best referencfs, 6 yrs. clcrjcnl. lenHlng- nnd collecfini; experience, desires connection -with pro- p-ressive firm. BOX 110, Record and Gu i d e^^__________________________________________ WANTED—Pronerties, sale or rent; send narticular.'?; satisfactorv results assured. DTJFF Se CONGER. Madison Ave.. Cor. SS. "WANTED, experienced renting man for (mld- townl store and !ott section. BOX 5, Record and Guide.________________^_.^_^^^_^.^__ FOR SALE, unbound Record and Guides. TV: years to date, at great sacrifice. M. LIS- SAUER. 5&4 Park Ave.__________________________ FOR S.-VLE, 29 complete volumes ot Record and Guide, .January. 1SS9, to June. 1903; morocco bindinR: good condftion. Arldress ROOM 1404, 32 William St,, New York City. REAL ESTATE ENGINEER.—Civil Engineer ■who has for the last flve years sppcialized !a the develnnment of real estate seeks position with established concern operating In this line. Take charge of work from survey to comnle- tion. Experienced In rock excavation. Con- rr><-fQ p-nr-ir a 'jpecialtv. Han dra-w house plans. CHARLES B. ANDERSON, 24 Dean PL, T'nngbkepQ'iie. N. Y,____________________________ CLOSING office : will sell bouqd Record and Guides. 1876 to date complete, set of Manhat¬ tan Atlases, also desk, safe, typewriter, etc. 1451 Broadway, Room 402. Call between 11 and 12____________________________________________ REAL ESTATE, Insuriance, 24, experience 7 years, wide awake, energetic, thoroughly competent all branches. BOX 99, Record and Guide. •^^ ae BROADWAY, NEW-YORK '~— ' My Real Estale Specialty is lo obtain for anyone what he wants at a fail price. Expert for Richmond Borough We Co-operate With Brokers The Realty Associates desire to work with brokers for mutual advantage. We have lots, flats, dwellings and business property in all parts of Brooklyn, making a specialty of our well known Easy House¬ keeping Homes in Prospect Park East and Fifty-Fom-th St. Property sold on easy tenns and full commission to Brokers. Realty Associates Capital and Surplus S5,000,000 176 REMSEN ST., BROOKLYN TELEPHONE, 6480 MAIN Members Brooklyn Board of R. E. Brokers HOWARD C. PYLE GEO. H. GRAY General Brooklyn Real Estate Brokers Howard C. Pyle Co. Real Estate Eipeit Appraising Morcga&e Loans Insurance 199 Montague Street, BROOKLYN Telephone, 33S5 Main Member Brooklyn Board of Real Estate Brokers BROOKLYN REAL ESTATE EXPERT APPRAISER S. WELSCH 207 MONTAGUE STREET Brooklyn Tel. 2738-9 Main Branch, 177 Seventh Avenue PHONE MORNINGSIDE 324 AGEER & STALEY CONTRACTORS OF and LETTERING of Every Description REAL ESTATE WORK A SPECIALTY Near Sth Ave,. 302 WEST 127th ST., N. Y. SIGNS PLITTLE GIANT" Lift and Force Pump Saves Big Plumber Bills Always Ready! Nd Delays! Works Surely! Promptly! Safely! Endorsed by T— U. S. Governmeitt Price $5.00 Sent Prepaid If you are a property owner you cannot afford to be -without a"LITTLE GIANT." NO SKILL AT ALL IS REQUIRED The "LITTLE GIANT" Lift and Force Pump is guaranteed to remo-ve the most obstinate obstructions from and thor¬ oughly clean ah drain pipes. Free demon¬ stration on receipt of your address. J. E. KENNEDY Room 3D0 41 PARK ROW, NEW YORK