Stephan

This is an action for the recovery of the possession of certain war savings certificates issued by the United States government. The defendants had judgment and the plaintiff appeals.

The facts of the case are of a complex character. Appellant was the owner of a restaurant and, acting through one E. W. Elder, her agent, sold the place to respondent Lagerqvest. Elder conducted his negotiations in the name of Business Investment Company. The sale was evidenced by three certain writings. One of these, in the form of a letter addressed to Business Investment Company and signed by both parties to the sale, was, in part, as follows: “I hand you herewith check for $250 as part payment on purchase price of restaurant. . . . Full purchase price to be $3,000, balance as follows: $500 on or before ten days from date, and balance of $2,250 to be paid in monthly installments of $200, and interest, purchase lease or chattel mortgage back on restaurant. . . . Possession to be given upon payment of the $500 above mentioned, to be paid on or before ten days.” Another of the instruments was in the form of a receipt, signed by Business Investment Company and Elder, and was in these words: “Received…