The Washington herald., 1911-10-21
REALTY MEN WATCH
&c. BRAINERD SUIT
Brought Against Strong in
Equity Court.
COMMISSION ON LEASES
Local Operator Thinks Former
Client Should Continue to Pay
Per Cent Commission as Long
as Leases Procured by Him Run.
Decision VIII Set New Precedent.

Whether an agent, properly accredited,
who procures a tenant for his client on a
lease extending over a term Of years is
entitled to commission for the entire du-
ration of the lease has long been a moot
question in the minds Of real estate men.
Now. through the case in equity OF
Brainerd VS.. Strong, the question is liable
to be permanently settled as far as the
District of Columbia is concerned.
E c. Brainerd is a well-known real
estate operator here. Henry Strong is a
Wealthy Chicagoan, who owns property
in F street, between Eleventh and Thir-
teenth streets, worth in the neighborhood
of s1,OOO,OOO.
Given Power of Attorney.
In July, 1900, according to the bill of
particulars filed by Mr.. Brainerd, he re-
ceived through a power Of attorney full
authority to handle the Strong properties
here in Washington, TO procure tenants,
negotiate leases, care for the insurance,
and supervise the upkeep. For these
services he was to receive per cent Of
the annual rentals The properties in
question consist of 1101 F street, now oc-
cupied by Berry 6, Whitmore; 200 F
street, occupied by the Brentano Com
pany; 1926 and 122S F street, occupied by
a large office furniture conern on the first
floor, and 537 Thirteenth street.-The south
east corner of Thirteenth and F streets,
occupied by the Julius Garfnkle Com
pany
All Of the present tenants of the prop
critics were procured by Mr.. Bralnerd
according to his statement, in some In
stances at an advance in rental over
their previous leases or that paid Dy
previous tenants. Following an inter
change Of letters and difference over a
request by Mr.. Strong that Mr. Brafnerd
reduce his rate of charge from the regu-
lar per cent, the Chicagoan, through
a letter signed by his son, relieved the
local broker from further discharge Of
his duties in September, 1910 At that
time leases for which Mr.. Brainerd had
negotiated still had several years TO
run, expiring in September, 1911. 1917,
1915, and 1915, on the four properties.
Stopped Paying Commission.
When business relations were broken
off between the two men, and the man
agement of the properties was placed in
different hands, Mr.. Strong ceased the
payment of the 3 per cent of the rentals.
Mr. Brainerd's chief contention, and
the one upon which H Ralph Burton. of
the firm of McLanahan & Burton, who
is handling Mr.. Brainerd's case, depends
most, is that as he negotiated the leases
for the length of time they cover, and
as this was done with full power of at
tOrney to determine the duration of the
leases, he is entitled to the percentage
on the total rental. This total rate would
amount to S9,3S437. OF this amount, Mr..
Strong has paid Brainerd $4,S3o.62 up TO
September. 1910, when business relations
were severed. Mr.. Brainerd now is
suing the Chicagoan for the balance,
81, ,553.75.
In the District Of Columbia the de-
cision in the case will set a precedent.
AS far as can be ascertained, it is an