Jones

This is an action for the recovery of the balance due on a conditional contract of sale'of an ice machine.

At the close of plaintiff’s evidence the court granted a motion for nonsuit and entered judgment for defendant. Plaintiff appeals from the judgment.

The contract is pleaded in haec verla and its opening paragraph reads as follows:

It is alleged in the complaint that on the fourteenth day of June, 1915, the said defendant, Mayden, made, executed, and delivered to the plaintiff “the foregoing instrument in writing”; that “plaintiff installed the said machine and apparatus described in said contract on the premises of said defendant, and that defendant failed, neglected, and refused to pay” the price therein agreed to be paid, except the sum of $50, which defendant paid plaintiff. It is alleged that the name “Sutter Candy Co.” signed by the defendant to the said contract “was and is a fictitious name under which defendant, J. L. Mayden, was during all the times herein mentioned, and is now doing business, and that said defendant, J. L. Mayden, is now and was. during all the times herein mentioned, the sole and only owner of the said ‘ Sutter Candy Co.’ and the only person…