Ray

The defendant appeals from a judgment against it by which a contract for the sale of an organ with piano attachment was declared rescinded. The plaintiff was also given judgment for money he had paid on account of the stipulated purchase price of the instrument.

[1] At the opening of the trial the defendant’s request for leave to file an amendment to its answer was denied, and this is assigned as error. The defendant had dealt with the plaintiff as Carl Ray. The suit was brought in that name. By the proposed amendment the defendant sought to set up a special defense in the nature of a plea in abatement, alleging in substance that Carl Ray was not the real name of

the plaintiff. Notwithstanding the ruling on the motion to amend, during the cross-examination of the plaintiff he was asked: “What is your real and true name?” He stated that it was Melvin Barringer. He was then asked: “The name of Ray is not your real name?” He replied that it had been for fourteen years. Later, being interrogated further on the subject, he said he had used the name of Ray for fourteen years and during that time he had never used the name of Barringer for any purpose whatever, “only in marriage.” He…