The New York herald., 1921-08-05
RENTAL SUIT HINGES
ON WAR ENDING DAY
Action Brought by Robert
Roosevelt Against f. c. Wal
c0tt Involves Fine Issue.

There is pending In the Supreme
Court in New York county a lawsuit
which. when It comes TO trial, IS likely
TO provide a fascinating debate as to
just when our war with Germany ended.
Robert b. Roosevelt OF Washington.
ID. c., and Sayvine. l.. l., Is the plain
tiff. Frederic C. Walcott. president of
the Dunlop Rubber Company, is the
defendant. The sum involved is only
$1.750, but both men are inclined TO
carry the fight to the end 'as 4 matter
of principle"
Mr.. Walcott, who Is interested in
many business corporations, was with
Mr.. Hoover in Belgium before America
entered the war and thereafter was a
dollar a year man in Washington, help
ing Mr.. Hoover in the Food Administra-
tion. AS a home for himself and his
family In Washington he leased ths
residence of Mr.. Roosevelt at 2OO9 Mas
sachusetts avenue, N. w. The lease
provided that 1t could be cancelled by
Mr.. Walcott on three months written
notice, "at the end OF the present war
After the armistice was signed Mr..
Walcott, his work with the Food Ad-
ministration having ended, wanted TO
leave Washington. He therefore gave
notice and moved out of Mr.. Roose-
velts house, three months before the
year. which was the original term OF
the lease, expired. Mr.. Roosevelt is
suing for the rental for those three
months. S1,750. He contends that the
war will not be ended until President
Harding issues his proclamation of
peace. Mr.. Waicott contends that what
both he and Mr.. Roosevelt had in mind
Mt the tln-e the lease was made was
the end of active hostillties. permitting
the Government to dispense with the
service of many civilian war workers,
including Mr.. Walcott.
The suit was pegun last year. but an
amended answer to the complaint was
later filed and a motion for Judgment
on the pleadings was on the calendar of
Part ]. of Special Term yesterday, but
was postponed.
Mr. Walcott leased the house for a
year. beginning October !. 1918. al
$1,000 a year. He paid up to July J.
1919. The total Judgment requested by
Mr.. Roosevelt's counsel. Wellman,
Symth & Scoled, 67 Exchange place
Is s2,O35. or this 1885 is for alleged
damage to furniture Mr.. Walcott is the
father of two small boys), but a mild
dispute over this amount probably will
be settled by agreement.
In his answer TO the complaint Ar
thur Knox of 1893 Broadway attorney
for Mr. Walcott says 1t was clearly un-
derstood between MIR. Roosevelt and Mr.
Walcott that the latter wished to hire a
house in Washington only while his SER
vices should be needed by the Govern.
ment. He says the stipulated rent was
largely in excess of the fair market
rental value" OF the residence. and thai
this fact was considered in relation tc
the cancellation clause OF the lease. HI
also says that "as a practical matter
and a matter Of fact the war within
the meaning of the lease and the under
standing between Mr. Roosevelt and Mr.
Walcott, ended in November. 1918, wher
the President told Congress, THUS the
war comes to an end" Mr.. Walcott
according to the filed answer. notified
Mr.. Roosevelt on March 1. 1919, that
he would give up the house on May 81
He turned over the keys in June, anc
did not occupy the house In July
August or September.