Symphony Player Co. v. Hackstadt

*547Opinion op the Court by

Judge Thomas

Affirming.

On or about March 1, 1911, the plaintiff and appellee here, Gr. H. Hackstadt, was the owner of a pin-cylinder ¡organ used in connection with a merry-go-round, or flying Dutchman, in the operation of which plaintiff was engaged at that time. He entered into a contract with the predecessors in business of the appellant and defendant below, the Symphony Player Company, to convert the organ into a player-organ to play perforated 65-note music, the work to be completed, according to plaintiff’s testimony (which is undisputed) by April 15, 1911; it was…