Trabin

Plaintiff brought this action against Mr. and Mrs. Milton Kauffman, alleging that he had supplied household furnishings to them at an agreed price of $18,245.42 and that only $2,332.30 had been paid, leaving a balance of $15,913.12. The answer admitted the existence of an agreement between plaintiff and the Kauffmans but alleged that the price agreed upon was $10,000 and that the balance due plaintiff was $7,667.70. After the answer was filed, Mr. Kauffman died, and the action was continued against the executors of his estate and Mrs. Kauffman. The court found in favor of plaintiff, and defendants have taken this appeal.

Six invoices bearing plaintiff’s letterhead and addressed to “Mr. and Mrs. Milton Kauffman” were introduced into evidence by plaintiff. Bach of the invoices sets forth an itemized list of household furnishings and their respective prices, with an over-all figure below. At the bottom there appears the statement, “It is understood and agreed that title in above merchandise remains vested in seller until fully paid for,” and the word, “Signed,” followed by the signature, “Milton Kauffman.” The over-all figures on the six invoices total $18,245.42.

When plaintiff…