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THE MUSIC TRADE REVIEW
IMPORTANT CHANGE MADE IN CONDITIONAL SALES LAW WINNIPEG CO. GETS THE STEINWAY
Recent Decision Rendered by the Court of Appeals Gives Buyer the Right to Claim Damages
by Pleading Breach of Warranty—Sale of a Piano the Case in Question
On July 11 the Court of Appeals of the State action; thereby holding that conditional sales
of New York handed down a decision which fall within the provision of the Uniform Sales
constitutes an important change in the Condi- Act.
tional Sales Contract Law and which should
In commenting upon this decision a number
be carefully regarded by piano dealers and of prominent attorneys point out that it is
other merchants transacting business under this directly contrary to what has heretofore been
law.
the law in this State.
Lorence & Harkavy, New York, attorneys for
Briefly summarized, the Court of Appeals
held "that in an action by the seller under a the New York Piano Manufacturers' Associa-
conditional sale agreement to reclaim the goods tion, state that the courts held in two cases
by replevin, the buyer may defend by pleading previously recited that the defense of breach of
a breach of warranty by way of recoupment in warranty was not available to a defendant
under a conditional sale agreement until the full
diminution or extinction of the price."
The facts in this case are as follows: Peter price agreed upon had been paid.
"The present decision of the Court of Ap-
C. Peuser sold to Elizabeth D. Marsh under
conditional sale agreement a piano for $260, of peals," states this firm, "makes absolutely ,no
which $25 was to be paid in merchandise, $16 in mention of these two previous decisions, and
cash and the balance in monthly installments of while it does not appear in the opinion of the
$6 each. The defendant failed to pay the sum court that these two cases are expressly over-
of $141 with accrued interest. The plaintiff ruled, it is impossible to reconcile such a deci-
thereupon commenced an action in replevin to sion and consequently, in our opinion, these
recover possession of the piano. The defendant two cases are overruled.
set up the defense that relying upon certain
"This will seriously affect future actions of
warranties made by the plaintiff she had paid this nature and undoubtedly purchasers of
the sum of $119, to apply on the purchase price pianos and other articles under conditional sales
and set up a counterclaim of $200 damages sus- contracts will attempt to defeat such actions or
tained by her by reason of plaintiff's breach of cut down balances due by means of this de-
warranty. The lower court held that this de- fense. It will simply mean that greater care
fense did not apply to this case, but the Court will have to be exercised by dealers and sales-
of Appeals reversed this decision and decided men in making statements to customers at the
that such a defense could be interposed in this time contracts are signed."
HUGE TRADE BALANCE SHOWS PROSPERITY OF THE U. S.
Report of Foreign Trade for Fiscal Year Ending June 30 Shows Exports of Over Four Billion
Dollars, While Imports Are Five Hundred Million More Than Last Year
WASHINGTON, D. C, July 31.—Final reports on 000,000. The year's imports of gold amounted
the foreign trade of the United States for the to $494,000,000, compared with $172,000,000 in
year ending June 30, 1916, confirm the previous- 1915, and $67,000,000 in 1914; the year's ex-
ly estimated great total of six and a half bil- ports of gold were $9,000,000, as against $146,-
lions of dollars of commerce abroad. Imports, 000,000 in 1915, and $112,000,000 in 1914. Gold
according to complete reports, amounted to imports averaged $58,000,000 a month for the
$2,198,000,000, which is $524,000,000 above the period from August to December, 1915, less
imports of the preceding year, and $476,000,000 than $13,000,000 a month for the period from
above the average of the last five years. The January to May, 1916, but in June rose to $123,-
June imports were $246,000,000, which is the 000,000. June exports of gold amounted to $8,-
largest import trade ever shown in any month 333,333, or about $3,000,000 less than the month-
ly average since December, 1915.
in the history of the country. It was $17,000,-
000 more than that for May, and $88,000,000
DEHLE, KERR SiCO. OPEN STORE
above that of June last year.
NIAGARA FALLS, N. Y., July 31.—The music
The total value of exports for the last fiscal
year was $4,334,000,000, which was $1,500,000,000 firm of Dehle, Kerr & Co., which was recently
greater than for the year before, and more than incorporated, has opened a very modern store
$2,000,000,000 above the average of the years at 1317 Main street. Mr. Dehle, the president
from 1911 to 1914, inclusive. In June the ex- of the new concern, came originally from Aus-
ports amounted to $475,000,000, which was a tralia, and has had wide experience in the
little less than for last May, but $200,000,000 piano business. Mr. Kerr formerly lived in
Lockport. For four years he was connected
greater than for June last year.
with the Rudolph Wurlitzer Co., but recently
The year's balance of trade reached the un- he was connected with the Niagara Electric
equaled total of $2,136,000,000, being practically Service Co. here. Mr. Kerr has been connected
double that for 1915 and more than four times with the piano business practically all his life.
that of 1914, which were $1,094,000,000 and
$471,000,000, respectively. The month of June
R. S. HOWARD ATSUMMER HOME
contributed $219,000,000 to the favorable trade
R.
S. Howard, of the R. S. Howard Piano Co.,
balance of the year, which compares with an
is
now
spending his vacation at his summer
export balance of $111,000,000 in June, 1915, and
less than a half million dollars' import balance home at Union Springs, N. Y. Previous to his
arrival there he was in Detroit, where he pur-
in June, 1914.
Of the year's imports 68 per cent, entered free chased a new Buick car. Returning from De-
of duty, compared with approximately 62 per troit he visited W. Howard Webb, piano deal-
cent, in 1915. Of the June imports 62.6 per cent. er at 150 East Genesee street, Buffalo, N. Y.,
were free of duty, as against 62.9 per cent, in who handles the R. S. Howard pianos and play-
ers in Buffalo.
June, 1915.
The next inward gold movement amounted to
According to reports received from Germany,
$114,000,000 for June, and $404,000,000 for the the Prussian Home Office is looking into the
year ended with June. The preceding fiscal practicability of a proposal which originated in
year showed a net gold import of $25,000,000 the city of Danzig to impose a municipal war
while 1914 showed a net gold export of $45,- tax on pianos and talking machines.
WINTER & CO.
220 SOUTHERN BOULEVARD, NEW YORK
Manufacturers of
Nordheimer Piano Co., Ltd., Transfers Agency
for This Line in Winnipeg
WINNIPEG, MAN., July 31.—The Winnipeg Piano
Co. has taken over the local Steinway and Nord-
heimer agencies in this district, as a conse-
quence of which the Nordheimer Piano & Music
Co., Ltd., has discontinued its branch here. The
arrangements for the transferring of the agency
were made by Mr. Smith, of the Winnipeg Pi-
ano Co. during a recent visit to Toronto. The
Nordheimer Co. is now holding a special sale
to dispose of the stock in its warerooms here.
Mr. Hemphill, who has been associated with
the Nordheimer concern for a number of years,
is now connected with the Winnipeg Piano Co.
GULBRANSEN-DICKINSON BULLETIN
Issue for July Contains Information Concerning
New "Diacrown" Soundboard
The Gulbransen-Dickinson Co., of Chicago,
111., recently issued a copy of its bulletin for
July, which contains several good articles on
the art of selling player-pianos, and also con-
tains an explanation of the new scales and "Dia-
crown" soundboard with which the new styles
of Gulbransen-Dickinson pianos are equipped.
This concern has formerly concentrated its ef-
forts on the Gulbransen player-action, but the
advent of the new soundboard has brought
about a condition, to quote the July bulletin,
whereby the company "now has a piano equal
to the Gulbransen player action." Those in-
terested in receiving the bulletin regularly
should send their address to the concern, at
Kedzie, Sawyer and Chicago avenues, Chicago.
CYRUS P. TRICKEY^ PASSES AWAY
JACKSON, N. H., July 31.—Cyrus P. Trickey, a
Boston piano dealer, who lived at the Hotel
Oxford in that city, and who had specialized for
some years in selling pianos to summer resi-
dents of New Hampshire and spent his sum-
mers at his old home in Jackson, died suddenly
at Northwood Narrows, N. H., last week.
His remains were brought to Jackson and
interred beside those of his wife, who died a
year ago. There were brief services at the
grave. Mr. Trickey left one married daughter,
Mrs. Walter Eccles, a well-known violinist, who
resides in Vermont.
H0WELL CO. OPENS READING STORE
READING, PA., July 31.—The Howell Piano Co.
recently opened a new piano store on Frank-
lin street, near Sixth, being the fifth store now
located in this center. The new store caters to
the tuning trade and reports that it has already
done an excellent business, with the prospects
for the future being very bright.
EBE PIANO CO. .LEASES QUARTERS
The Ebe Piano Co., which was recently in-
corporated with a capitalization of $15,000, has
leased a portion of the old Ludwig piano fac-
tory at 168 Southern Boulevard, Bronx. Pas-
quale Gaudiosi, who controls the concern, states
that three styles of uprights and one style
player will be manufactured.
STEPHENS BILL HEARINGS
It has been announced that further hear-
ings on the Stephens bill advocating price main-
tenance have been postponed until later in the
year when Congress reconvenes. At that time
the opposition will advance their arguments,
subsequent to which the advocates of the meas-
ure will probably be heard in rebuttal.
Superior Pianos
and Player Pianos