Nicholas

This is an action upon two certain written instruments, one for $150 and one for $125, and, except as to the amount and date of maturity, both were in the form following:

The action was dismissed as to the defendant Chas. Nicholas. Mrs. Nicholas had purchased the piano above re ferred to from the defendant piano company at the agreed price of $350, payable in installments, of which $50 was paid on delivery of the piano, the contract being the common form by which the title to the piano was to remain in the company until all the installments were paid. Appended to the agreement of sale was a provision that the price would be reduced to $325, “if paid by July 20th, 1902, in accordance with two collateral notes of $125.00 and $150.00 granted by Mrs. Nicholas of even date herewith,” and was signed “Heine Piano Co., J. A. Swan, Mgr,” The notes in question were given pursuant to this provision. The court found that Mrs. Nicholas executed the notes “in consideration of the reduction stated in said contract and agreed to by the said Heine Piano Company,” and delivered the notes to Eigholz; that Eigholz “wrote upon the back of each of said instruments the words ‘Heine Piano Company, per…