Music Trade Review
Issue: 1908 Vol. 47 N. 23 - Page 10
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
10
THE MUSIC TRADE
REVIEW
and now I want my money back, and I will go
in there (Christman's) and get what I want."
The lady further testified that the salesman, told
her that he had turned in the money and did not
know how to get it back, but to send her hus-
band. Subsequently Schleicher endeavored to
have Dr. Ziegler ratify the contract, which he
A case that will interest the trade everywhere refused, and demanded the return of his money.
is that of Jacob B. Ziegler against the George In the examination the salesman not only "flatly
Schleicher Co., piano manufacturers and dealers, contradicted Schleicher, but he absolutely cor-
New York, the final decision in which was roborated the testimony of the plaintiff and his
handed down by the Appellate Term, New York wife." The plaintiff never received the piano.
A bit of testimony that will shock the advo-
Supreme Court, first department, Wednesday of
last week, in favor of the plaintiff. According to cates of the "one-price system" and add fresh
the testimony, on October 18, 1906, Mr. Zieg- strength to their contention is as follows: The
ler went to the store of Christman Sons, 35 salesman (Schleicher's) said that the piano he
W. 14th street, New York, and selected a piano sold plaintiff's wife for $350 fluctuated in price;
and returning home gave his wife $50 to call that there was no set price, and that he had
there the same day, pay that sum as a deposit seen them sell on actual sales as low as $110.
and sign a contract for the instrument. By When asked by counsel for plaintiff whether it
mistake Mrs. Ziegler entered the. establishment was the same piano he replied, "This same styie
of the George Schleicher Co., that is next door, of piano, and I have sold several of them for
without noting the sign. A salesman immed- $145, $135, $165—any price you could get."
The money not being refunded by Schleicher
iately waited upon her, when she asked to see
the piano "that my husband had selected that to Dr. Ziegler a suit was instituted in the Muni-
morning." The salesman showed her a piano cipal Court, first district, for its recovery. The
all right, and when Mrs. Ziegler remarked, "Well, trial justice rendered judgment for the plaintiff.
my husband said that the piano he looked at The defense then carried the case up to the
had Christman's name upon it. I do not see any Appellate term, and on Wednesday of last week,
with his name on." The salesman then exhibited the judgment was affirmed on the broad rule laid
more pianos in the factory, and pointing out one down by the New York Court of Appeals, "Money
in particular rejoined "that is the piano your paid under a mistake oi fac*G may be recovered
husband selected." Then they came down to the back however negligent the party paying the
main floor or store, wnen Mrs. Ziegler saw a money may have been in making the mistake."
piano that she liked better in appearance and The costs were assessed on the defense.
C. Bertram Plante, 15 William street, counsel
told the salesman so, whereupon he said, "That
is one your husband looked at." Mrs. Ziegler for plaintiff, also carried the case to the Appellate
then remarked, "If that is the piano that Dr. term, whose decision is final. No opinion was
Ziegler looked at I will take it," paying over the rendered.
$50, getting a receipt and signing the contract.
In her testimony Mrs. Ziegler stated that after
F. J. Christophe, proprietor of the New San
she left Schleicher, "I came across Christman's Francisco music house, who has been located at
store and I went back and told the salesman, 3506 20th street, since the great fire, has moved
I see I have made a mistake; you sold me the to a larger and more suitable location at 2390
wrong piano. I told you I wanted Christman's, Mission street, near 20th.
AN INTERESTING LEGAL DECISION.
J. B. Ziegler's Suit Against the Geo. Schleicher
Co. Decided by the Appellate Term in Favor
of the Plaintiff—Claimed Schleicher Sales-
man Misled Mrs. Ziegler in a Piano Sale,
When a Christman Was Desired.
WALTHAM CO. ON OUTLOOK.
Business Horizon Cloudless—Much Stronger
Tone to Trade Since Election.
(Special to Tbe Review.)
Milwaukee, Wis., Nov. 28, 1908.
Paul E. Fellows, sales manager for the Wal-
tham Piano Co., in a chat with The Review said:
"Our business in general during the past three
or four months has been quite satisfactory. Col-
lections fell off somewhat during the thirty days
immediately preceding the Presidential election,
largely due, I think, to the uncertainty which
prevailed in a great many quarters as to the
next occupant of the White House. However,
since the election of Mr. Taft, a stronger tone
and better feeling is perceptible. People seem to
have more assurance, act and speak more confi-
dently and optimism holds sway where pessimism
prevailed before.
"Our collections are improving daily and orders
are coming in very nicely, and there is every indi-
cation that business with us during the re-
mainder of this year will exceed our most san-
guine expectations of several months ago. To
me, there are few clouds upon the business hori-
zon, and I look forward to an early renewal of
the past unexampled prosperity."
W. F. FREDERICK OPENS BRANCH.
The W. F. Frederick Piano Co., Pittsburg,
Pa., have opened a branch store in Canton, Ohio,
with A. L. Le Jeal in charge. A large line of
pianos has been installed including the Cable
Company makes, the Kurtzmann, Price & Teeple
and others. If the business warrants the new
branch will be made permanent.
At the request of the Clayton-Daynes Music
Co., Salt Lake City, Utah, Steinway & Sons sent a
•grand direct from the factory for the use of
Mme. Nordica. at her recital in that city. The
piano was with one exception the finest ever
seen in Salt Lake City.
Stop !
Piano players are occupying a position in the center of
the trade stage nowadays, and wherever the Behning Piano
Player has been placed, it has given the utmost satisfaction.
There is no mistaking the fact that the Behning mech-
anism has many features which place it in an exclusive class.
If you have not investigated the Behning Player mech-
anism, there is something left for you still worth looking
up in the player world.
Do not lose an early opportunity, for the longer you
are delaying, the longer you are putting from you good
player business.
Behning Piano Co.
Manufacturers Pianos and Player Pianos,
131st to 132nd Street, Park Avenue, New York.
10
THE MUSIC TRADE
REVIEW
and now I want my money back, and I will go
in there (Christman's) and get what I want."
The lady further testified that the salesman, told
her that he had turned in the money and did not
know how to get it back, but to send her hus-
band. Subsequently Schleicher endeavored to
have Dr. Ziegler ratify the contract, which he
A case that will interest the trade everywhere refused, and demanded the return of his money.
is that of Jacob B. Ziegler against the George In the examination the salesman not only "flatly
Schleicher Co., piano manufacturers and dealers, contradicted Schleicher, but he absolutely cor-
New York, the final decision in which was roborated the testimony of the plaintiff and his
handed down by the Appellate Term, New York wife." The plaintiff never received the piano.
A bit of testimony that will shock the advo-
Supreme Court, first department, Wednesday of
last week, in favor of the plaintiff. According to cates of the "one-price system" and add fresh
the testimony, on October 18, 1906, Mr. Zieg- strength to their contention is as follows: The
ler went to the store of Christman Sons, 35 salesman (Schleicher's) said that the piano he
W. 14th street, New York, and selected a piano sold plaintiff's wife for $350 fluctuated in price;
and returning home gave his wife $50 to call that there was no set price, and that he had
there the same day, pay that sum as a deposit seen them sell on actual sales as low as $110.
and sign a contract for the instrument. By When asked by counsel for plaintiff whether it
mistake Mrs. Ziegler entered the. establishment was the same piano he replied, "This same styie
of the George Schleicher Co., that is next door, of piano, and I have sold several of them for
without noting the sign. A salesman immed- $145, $135, $165—any price you could get."
The money not being refunded by Schleicher
iately waited upon her, when she asked to see
the piano "that my husband had selected that to Dr. Ziegler a suit was instituted in the Muni-
morning." The salesman showed her a piano cipal Court, first district, for its recovery. The
all right, and when Mrs. Ziegler remarked, "Well, trial justice rendered judgment for the plaintiff.
my husband said that the piano he looked at The defense then carried the case up to the
had Christman's name upon it. I do not see any Appellate term, and on Wednesday of last week,
with his name on." The salesman then exhibited the judgment was affirmed on the broad rule laid
more pianos in the factory, and pointing out one down by the New York Court of Appeals, "Money
in particular rejoined "that is the piano your paid under a mistake oi fac*G may be recovered
husband selected." Then they came down to the back however negligent the party paying the
main floor or store, wnen Mrs. Ziegler saw a money may have been in making the mistake."
piano that she liked better in appearance and The costs were assessed on the defense.
C. Bertram Plante, 15 William street, counsel
told the salesman so, whereupon he said, "That
is one your husband looked at." Mrs. Ziegler for plaintiff, also carried the case to the Appellate
then remarked, "If that is the piano that Dr. term, whose decision is final. No opinion was
Ziegler looked at I will take it," paying over the rendered.
$50, getting a receipt and signing the contract.
In her testimony Mrs. Ziegler stated that after
F. J. Christophe, proprietor of the New San
she left Schleicher, "I came across Christman's Francisco music house, who has been located at
store and I went back and told the salesman, 3506 20th street, since the great fire, has moved
I see I have made a mistake; you sold me the to a larger and more suitable location at 2390
wrong piano. I told you I wanted Christman's, Mission street, near 20th.
AN INTERESTING LEGAL DECISION.
J. B. Ziegler's Suit Against the Geo. Schleicher
Co. Decided by the Appellate Term in Favor
of the Plaintiff—Claimed Schleicher Sales-
man Misled Mrs. Ziegler in a Piano Sale,
When a Christman Was Desired.
WALTHAM CO. ON OUTLOOK.
Business Horizon Cloudless—Much Stronger
Tone to Trade Since Election.
(Special to Tbe Review.)
Milwaukee, Wis., Nov. 28, 1908.
Paul E. Fellows, sales manager for the Wal-
tham Piano Co., in a chat with The Review said:
"Our business in general during the past three
or four months has been quite satisfactory. Col-
lections fell off somewhat during the thirty days
immediately preceding the Presidential election,
largely due, I think, to the uncertainty which
prevailed in a great many quarters as to the
next occupant of the White House. However,
since the election of Mr. Taft, a stronger tone
and better feeling is perceptible. People seem to
have more assurance, act and speak more confi-
dently and optimism holds sway where pessimism
prevailed before.
"Our collections are improving daily and orders
are coming in very nicely, and there is every indi-
cation that business with us during the re-
mainder of this year will exceed our most san-
guine expectations of several months ago. To
me, there are few clouds upon the business hori-
zon, and I look forward to an early renewal of
the past unexampled prosperity."
W. F. FREDERICK OPENS BRANCH.
The W. F. Frederick Piano Co., Pittsburg,
Pa., have opened a branch store in Canton, Ohio,
with A. L. Le Jeal in charge. A large line of
pianos has been installed including the Cable
Company makes, the Kurtzmann, Price & Teeple
and others. If the business warrants the new
branch will be made permanent.
At the request of the Clayton-Daynes Music
Co., Salt Lake City, Utah, Steinway & Sons sent a
•grand direct from the factory for the use of
Mme. Nordica. at her recital in that city. The
piano was with one exception the finest ever
seen in Salt Lake City.
Stop !
Piano players are occupying a position in the center of
the trade stage nowadays, and wherever the Behning Piano
Player has been placed, it has given the utmost satisfaction.
There is no mistaking the fact that the Behning mech-
anism has many features which place it in an exclusive class.
If you have not investigated the Behning Player mech-
anism, there is something left for you still worth looking
up in the player world.
Do not lose an early opportunity, for the longer you
are delaying, the longer you are putting from you good
player business.
Behning Piano Co.
Manufacturers Pianos and Player Pianos,
131st to 132nd Street, Park Avenue, New York.
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