Rubin

This case arose out of a contract to purchase a piano. The action was tried by the court without a jury and judgment went for plaintiff. Defendant appeals.

The facts present little conflict. The plaintiff, respondent here, after seeing an advertisement of defendant announcing “Platt’s 19th Anniversary Sale,” went to the latter’s branch store and engaged in conversation one B. Goodman, manager of the branch, relative to the purchase of a piano. An agreement was arrived at, whereupon cash in the sum of $150 was paid over and an instrument on a blank piece of paper was written by Goodman and handed' to respondent. The instrument read as follows:

Respondent and his wife held a contract to buy the real property described in the above instrument, and shortly after the writing passed both assigned their rights in such contract and delivered the instrument to Goodman. There is evidence to the effect that this assignment was in blank. The money paid was not turned in to the appellant corporation, and the blank for the name of the assignee of the lot contract was filled in with the name “B. Goodman” after the delivery of the contract. The piano was never delivered, although another was…