B. F. Schlesinger & Sons v. Kohler & Chase

Plaintiff sued to recover the balance claimed to be due under a written contract. The cause was tried before the court sitting without a jury and resulted in a judgment for plaintiff in the sum of $8,160.77. Defendant has appealed upon typewritten transcripts.

The plaintiff corporation operated a department store in the city of Oakland under the name of “Kahn’s”; the defendant corporation operated a music store in San Francisco. In the contract hereafter referred to the plaintiff was mentioned as “Kahn’s,” “Kahn Bros.” and Sehlesinger’s,” and the defendant is referred to as “The Music Company. ’ ’

The contract was duly executed by the two corporations on May 1, 1925. At that time a music department was being operated in Kahn’s by one Jessen. This concession was sold by Jessen to defendant and the latter retained Jessen as salesman in charge, or manager of sales. At the instance of plaintiff the contract of May 1, 1925, was executed providing that The Music Company should operate its department “wholly under the supervision of Kahn’s, and, so far as the public is concerned, as an integral department of Kahn’s.” Space in the store was leased to The Music Company for a period of…