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THE MUSIC TRADE REVIEW.
Recent Legal Decisions.
of Fitzpatrick vs. Engard, the plaintiff paid orphan asylum or some other charitable in-
$100 on account of the purchase of two stitution. There is lots of'hustle' in that
houses of defendants, receiving a receipt old-fashioned town, and the writer spent
signed by one Parker as attorney for de- four days of great interest there. There is
fendants, which receipt set forth the price, a very decided preference given to our
the street and number of the houses, and transposing keyboard at that point where
that a good title would be given or the it comes in direct competition with a
$100 would be refunded. Parker had no Canadian piano manufactured with a simi-
written authority to sign the receipt, but lar attachment.
"Wiley B. Allen, of Portland, Oregon,
one of the defendants was present and
agreed orally to its terms. The Court held had an informal entertainment at his house
that, even if not entitled to specific per- when the writer was there, and put the
formance, the plaintiff was entitled to re- Graphaphone to practical use by transfer-
ceive back the money paid on account and ring a lot of the professional reminiscences
his expenses, and that, therefore, the bill of the writer's days to the mystic cylinders,
would not be dismissed, upon a demurrer. and now he declares that he has only to
roll the Graphaphone into his front parlor
to experience a second visit with all the
The Popular Pease Parlor Grand. attending gymnastic musical spasms to
which, he writes, he occasionally trtats his
OME two weeks ago we reported in boon companions and friends.
these columns the remarkable success
"Business with the Bush & Gerts Co. in
of the Pease parlor grand, which we had May was the best in two years, and this
the pleasure of hearing at the Meola con- month promises to keep close to it, al-
cert given in Carnegie Hall. The artistic though there is a slight dropping off, owing
success which it achieved on that occasion to the increased warm weather, even here
was hardly surprising to those who had the within the pale of Lake Michigan's breezes.
pleasure of examining this instrument, but
" I suppose you will be out here along in
to the critical audience it was something of July and August to cool off. Let us know
a revelation. They were charmed with beforehand, and we will arrange with the
its tone quality, and the liberal applause weather clerk to send a few zephyrs from
bestowed on the performer, Prof. Newell, the northwestern regions while you are
was a direct tribute to the instrument. here to maintain the illusion and save
The Pease parlor grand is bound to prove a laundry bills.
money-maker for the dealer, and add to the
"Had a short trip up in Michigan since
reputation of the manufacturers, and they returning from the West, and succeeded in
will undoubtedly receive ample proof of placing an elegant Bush & Gerts grand in
this in the fall, provided they take the nec- competition with two of the best known
essary steps to make it better known.
standard makes at close prices.
"With best wishes, believe me,
From San Diego to Victoria.
"Sincerely yours,
[PREPARED FOR THE MUSIC TRADE REVIEW.]
INSOLVENT CORPORATIONS — SALARY OF
EMPLOYEES—TIME CONTRACT.—It was held
in the case of the Philadelphia Packing &
Provision Co. 's estate that where a person
was elected secretary of a corporation to
serve for the ensuing year, and at the same
meeting, by separate resolution of the
Board of Directors, his salary was fixed at
the rate of $2,500 per annum, and subse-
quently his salary was fixed at $30 per
week, the contract will be construed to be
a hiring for the year at the rate nominated.
In England, a general hiring, or a living,
by the terms of which no time is fixed, is a
hiring for a year. With us, the rule is in-
flexible, that a general or indefinite hiring
is prima facie a hiring at will; and if the
servant seeks to make it out a yearly hiring,
the burden is upon him to establish it by
proof. A hiring at so much a day, week,
month, or year, no time being specified, is
an indefinite hiring, and no presumption
attaches that it was for a day, even, but
only at the rate fixed for whatever the
party may serve. It is competent either
party to show what the mutual understand-
ing of the parties was in reference to the
matter; but unless their understanding was
mutual that the service was to extend for
a certain fixed and definite period, it is an
indefinite hiring, and is determinable at
the will ot either party, and in this respect
there is no distinction between domestic
and other servants: Wood on Master and
Servant, §136, citing De Briar vs. Minturn,
1 Cal., 450; Franklin, etc., Co. vs. Harris,
24 Mich., 115; Wilder vs. U. S., 5 N. &
H. (U. S. Court of Claims Rep.), 462; Har-
vey vs. Caldwell, 35 Ark., 156; Tatterson
vs. Suffolk Manf. Co., 106 Mass., 56.
The Court say: "The secretary hired
under an employment by the year, with
a supplemental agreement for the in-
crease of his salary if other duties were ac-
cepted by him.
He did accept other
duties, and a change was made in his sal-
ary with his consent, and the pay-days
were changed from monthly to weekly pay-
days. This was the only change made.
His original contract for a year was not in
any wise changed or affected, but it still
continued as an employment by the year.
Hence, he is entitled to compensation for
the remainder of the year, or until he ob-
tained other employment. When a hiring
is by the year, or at a yearly salary, the
fact that the payments are to be made
quarterly, monthly, or weekly, does not
change the contract from a yearly to a
quarterly, monthly, or weekly hiring:
Kirk vs. Hartman, 63 Pa., 97; Hand vs.
Clearfield Coal Co., 143 Pa., 408. Insol-
vency of an employer does not put an end to
the obligation of a contract to pay for ser-
vices so as to deprive the employee of his
salary after the insolvency: Vanuxem vs.
Bostwick, 1 g W. N., 74. "
•
AGREEMENT TO SELL REAL
SPECIFIC PERFORMANCE.—In the
ESTATE-
recent case
S
"W.
L. BUSH."
ILL L. BUSH, of the Bush & Gerts
Piano Co., Chicago, has just returned One of the most Artistic Journals.
from a trip through the Pacific Northwest,
and sends us a very interesting communi-
HE Jewish Times, one of the leading
cation regarding some of the sights which
papers of New Orleans, says the fol-
he saw. Mr. Bush would be a mighty lowing:
valuable acquisition to the newspaper fra-
"One of the most artistic journals com-
ternity if at any time he desired to swap ing to our exchange table, THE MUSIC
professions.
TRADE REVIEW, of New York City, con-
"I have just finished looking through ceived and carried into execution an ex-
your issue of June 15, and find it a very clusive Southern Number, handsomely em-
spicy and interesting paper, as it always is. bellished and devoted to musical interests
I have lately got back from a trip to the South, as well as giving ample space to the
coast, during which I took in the entire trade in Spanish-American countries to the
stretch of country from San Diego to Vic- southward, publishing this feature in the
toria. As a result of the trip, we now have limpid language of ancient Castile.
ten good new agencies west of Salt Lake
An appreciated feature of this magnifi-
City, and have had some splendid letters cent trade review is the article aptly
and duplicate orders already, although it is termed "The House of Grunewald."
but three weeks since my return. The
Bush & Gerts was used with great satisfac-
MANUFACTURERS desiring tools for piano
tion by the Whitney Opera Co. At Vic- or key making should not fail to look up
toria, British Columbia, their prima donna, the old established house of J. Erlandsen,
Dorothy Morten, gave a very fine testi- 172 Centre street, this city. Mr. Erlandsen
monial letter regarding the instrument. has won a deservedly high reputation for
We have a very live and active agent at the reliability of his wares.
that point, who has already placed the Bush
& Gerts at the 'topmost round of the lad-
IF two tuning-forks of the same pitch
der,' and has an open challenge to place it are placed facing each other, the one sound-
alongside of any of the pianos sold in ing, the other silent, in a few seconds the
Canada, to spar an unlimited number of silent one will be giving out a distinctly
rounds for points, loser to be donated to an audible note.
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