The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-10
REAL ESTATE MARKET
An IMPORTANT DECISION BY JUDGE
feathers.
There Are Not Enough Flats in In
d~ianapoIfs to supply the Demand
Transfer and Permits.

agents. The case rested upon the construc-
ton Of a rental receipt, the all-important
factor in renting property. His decision in
effect was that a tenant who takes posses
sion of property before a receipt is given
for payment of the rent is not bound by
any provisions of the receipt.
The case in which the decision was made
was that of Wilhelmina Metzger against
Elizabeth n. Berry for possession. Mrs.
Berry and a man named Jones were in
partnership in the grocery business and
rented a storeroom of Mrs. Metzger on
North street. near the Propylaeum. The
evidence in the case went to show that
there had been a dissolution Of partnership
and Mrs. Berry rented a room adjoining the
grocery store that had just been vacated,
for the implied purpose of running a sort Of
lunchroom. As stated by Mrs. Berry she
was going to conduct a business TO make a
living. She rented the room last May for
so a month, paying her money in advance.
The next day she went to the MetZger
agency, procured a key to the storeroom
and took possession. Mrs. Metzger told
Mrs. Berry that she must get the receipt
for her rent from Mrs. Emma Spellmire,
who had charge OF her business. Three
days after she had possession of the store
room the receipt appeared, which has been
the bone of contention in court.
Immediately upon getting possession of
the storeroom Mrs. Berry set about to
paper 1t, put up shelving and soon had a
full-fiedged grocery store running and was
becoming an active competitor of her
former partner. Jones then went to Mrs.
Metzger and complained, stating that if
Mrs. Berry continued her grocery business
he would move. AS Jones was paying $50
a month and Mrs. Berry $40, the preference
for possession, when Mrs. Berry refused to
vacate. The suit was brought on the
ground that Mrs. Berry's receipt stated that
the first payment was for the term of one
month from this date and no longer, as per
agreement" The judge held that a receipt
containing such a clause could be enforced
as a shOrt-time lease if accepted by the
tenant, but as Mrs. Berry did not see the
receipt until three days after she had pos
session she was not bound by 1t.
Another interesting feature of the receipt
was the per agreement" While it was of
no material consequence in this case, il was
discussed by Mrs. Berry's attorney in his
brief. He said the per agreement was in
serted to dodge paying % cents for a reve-
nue. stamp and was generally used by rental
agents. He set out that when the war reve-
nue. was in effect 10 cents was required for
a receipt and rs cents for a contract. Had
not the per agreement" been inserted he
said the receipt would have been a contract
anu hONlu hoNO ltHhiACo II y Z
stamp. Mrs. Berry is still In possession OF
the Storeroom.
Since the erection of fats began in In
dianapolis the demand for apartments has
kept pace with the construction of new
buildings. Two years ago flats were con.
sidered a dangerous venture by many bust
ness men and investors, but the success OF
the few that started the movement soor
gave encouragement. until now everything
is a fiat with rental agents. At first apart
ments In these modern buildings were con.
sidered to be available for the rich only
hut now the opinion has changed and the
principal demand comes from the middle
class. To these tenants a fiat heated wit
steam and supplied with water and lighr
is cheaper than n dwelling. As autumn
advanced this year rental agents were DC
sieged with demands for flats. The de-
mand was SO great that the price of fiat.
has advanced on an average OF - a month
while the rental price of dwellings, be
yOnd the fiat district has deprecated az
equal amount. Besides the cOnvenienccs
the downtown location is also an adVan'
tage that many seek, especially in the win.
ter time.
The reaI-estate men say that flats have
come To stay and feel confident that il viii
be a long time before enough are built il
thisc city to supply the demand. Good mod
ern houses at moderate prices. that ar
located within walking distance of rb'
business part of the city, are rarely fCunC
on rental lists at this time. When fat.
cannot be found the next demand is fO
modern downtown dwellings.
The property bought through the w. E
Stevenson agency by Rosina S. Stewar
of Anna FL. Springsteen, Mrs. Mary L. Hes
and T.. A. Morrison on Oct. &c was trans
ferred Friday by the same firm from Mrs
Stewart to Susie A. futile. with an addi
ton of one lot from Charles w. Sheets
at the northwest corner of New Jersey anc
Eleventh streets for a consideration o
$4,000. These were the cottage at 102
North New Jersey street, residence at 102
North Alabama street, Lot 81 in Morris
second addition, at the northeast corne
of New Jersey and Eleventh streets. TIL,
same firm disposed of other property oil
Friday as follows:
Udora Cox to w. l. Gardiner, modern
residence, Central avenue and Twentieth
street, sixty-foot front, $4,000.
T. j. Carpenter to n. NJ. Sanders, doubl
house, Parke avenue, south of Twentieth
street, $500.
Mary Pearce to Robert Roberts. doubl
house on Hovey street. near Nineteenth
Fred Cline to Theresa B. Wright. lot OIL
Broadway, near Twenty-third street, $3.50
Grace w. Reagan to Emily Coffay. lot OF
New Jersey street, near Twelfth street
$3.50.
T.. a. Morris to Mary Pearce. lot on New
Jersey street. near Eleventh street. 81. 500.
w. G.. Hunter x Co., grain merchants
who purchased a lot at Washington stree
and the Belt Railroad. through the Gregor,
> & Appel agency last week. propose to cree
q large grain elevator for storage on tn
site. Work on the building will not begil
until spring. There are splendid switching
facilities at that point.
Lafayette Perkins purchased a lot OF
Talbot avenue. near Twenty-frst street
yesterday. through the Wocher agency. o
/; Mrs. NJ. T. c. Howe. Mr.. Perkins will cree
a handsome residence on the lot at an earl
!, date. The firm sold a lot on the sam
Howe to T.. J. Carpenter. MIR. Carpente
will also build.
Robert Martindale yesterday transferrer
two large lots between Delaware street an,
E Central avenue, near Thirty-fourth street
; TO Herbert l.. Whitehead for $4,000. Nh
Whitehead then transferred the lots to tn
Indiana Trust Company, trustee.
< Jerry s. Hall has sold his property o.
! North Capitol avenue. near Thirtieth street
to Richard w. Tuck for 5000.
, Ellen P. Rogers has purchased a resi-
! dence property at the corner OF North Sen
; ate avenue and Twenty-ninth street O
Frank NJ. Page for s. 900.
d