Edwards

This is an action in claim and delivery for the possession of a Mason & Hamlin piano or its value, conceded to be one thousand two hundred dollars. The appeal is taken by the defendant from the judgment, and is before this court upon a statement of the case.

From the evidence it appears that at a time perhaps as far back as twenty years ago the defendant married the mother of Eloise Edwards, a widow, and in the year 1894, when Eloise was about five years old, Mrs. Edwards bought in her name a Knabe piano, which was paid for by the defendant. The piano was purchased to be used by Eloise who, even at that early age, had shown considerable musical talent, and who later and at the time this case was tried was generally recognized as a talented musician. In the year 1911 Eloise and her mother entered into negotiations with the plaintiff for the purchase of a new piano, which negotiations culminated in a written contract between Eloise and the plaintiff, whereby the former agreed to purchase the piano in dispute in this action. The old piano was to be taken in part payment of the new one, the sum of $450 being credited therefor upon the price of the latter, and the balance of the…