MacOwsky

This is an appeal upon the judgment-roll alone for a money judgment in favor of plaintiff for the contract price of a new Ampico piano agreed to be sold by defendant to plaintiff in consideration of payment of an aggregate of $1,800, made up as follows: Jewelry, valued at $755; second-hand piano valued at $400; and cash in the sum of $645. The judgment also contained -a proviso that upon full payment of the amount adjudged due plaintiff, with maintenance charges, defendant shall be entitled to the return of the piano in controversy.

The complaint set out two causes of action, the first for money had and received in the amount of $1,800, and the second a statement of a cause of action for rescission of the contract to purchase on the ground of misrepresentation and fraud in “dressing up” and delivering a five year old piano instead of -the new one agreed to be purchased by plaintiff, with a statement of notification of re scission, on discovery of the fraud, offer to return the' piano delivered under the contract and demand for return of the jewelry, second-hand piano, and cash given in payment. The prayer is for a money judgment of $1,800, interest from discovery of the fraud,…